HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 18514 of 2026 Court No. - 76 HON'BLE SANJAY KUMAR PACHORI, J. Sri Anuj Kumar Chaudhary, learned counsel for the applicant and Sri Alok Mishra, learned A.G.A. for the State are present. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed to quash the order dated 9.12.2025 passed in Special Case No. 155 of 2007, arising out of case crime No. 859 of 2007, under Section 8/21 of The Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Jahanaganj, District Azamgarh, whereby Non Bailable Warrant as well as proceeding under Section 82, Cr.P.C. have been issued and initiated against the applicant, pending in the court of Additional Sessions Judge, Court No. 1, Azamgarh. Learned counsel for the applicant submits that the applicant was on bail at the time of issuing of 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. has opposed the application. Considering submissions of learned counsel and perusing record, the instant application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 is finally disposed of with a direction that in case applicant appears before the court below within three weeks from today and applies for bail/recall of non Versus Counsel for Applicant(s) : Anuj Kumar Chaudhary Counsel for Opposite Party(s) : G.A. Radhey Shyam Yadav .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 5, 2026 T. Sinha NA528 No. 18514 of 2026 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad