HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 18789 of 2026 Court No. - 76 HON'BLE SANJAY KUMAR PACHORI, J. Sri Mohd. Aslam, learned counsel for the applicant and Sri Alok Mishra, learned A.G.A. for the State are present. The present application under Section 528 BNSS has been filed to quash the order dated 02.08.2011 passed by Special Judge (Gangsters Act)/Additional Sessions Judge, Moradabad in Special Case No. 46 of 2007, arising out of Case Crime No. 722 of 2007, under Section 3 (1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Gajraula, District Amroha, whereby NBW has been issued against the applicant. Learned counsel for the applicant submits that the applicant was on bail at the time of issuing non-bailable warrant. It is further submitted that the impugned order has been passed without satisfying itself that the summon and other process for attendance has been served. It is further submitted that the impugned order has been passed without considering the position of law. It is settled position of law that N.B.W. should be issued as a last resort after the litigant fails to respond the notices/summons and bailable warrant. It is further submitted that non-bailable warrant has been issued without issuing any summon and bailable warrant. Learned A.G.A. as well as learned counsel for the opposite party no. 2 have opposed the application. Considering submissions of learned counsel for the applicants and perusing record, the instant application is finally disposed of with a direction that in Versus Counsel for Applicant(s) : Mohammed Shadan, Mohd. Aslam Counsel for Opposite Party(s) : G.A. Majid .....Applicant(s) State of U.P. and Another .....Opposite Party(s) case applicant appears before the court below within three weeks from today and applies for bail/recall of non bailable warrant, his application shall be decided in the light of the observations made in the judgments rendered by the Supreme Court in Satender Kumar Antil Vs. Central Bureau of Investigation & Another, (2021) 10 SCC 773, Siddharth Vs. The State of Uttar Pradesh & Another 2022 (11) SCC 676 and Aman Preet Singh Vs. C.B.I. through Director 2021 SCC Online SC 941. For a period of three weeks from today or till applicant appears before the court below, whichever is earlier, execution of non bailable warrant against applicant shall be kept in abeyance. May 6, 2026 MAA/- NA528 No. 18789 of 2026 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad