HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37613 of 2026 Court No. - 77 HON'BLE SANJAY KUMAR PACHORI, J. Sri Ganesh Shankar Patel, Advocate holding brief of Sri Sanjay Srivastava, learned counsel for the applicant and Sri Karunakar Singh, 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 29.06.2026 passed by Special Judge (DAA), Kanpur Dehat in S.S.T. No No. 56 of 2001 arising out of Criminal Case No. 635 of 2000, under Sections 394, 302, 411 of I.P.C., Police Station Bilhour, District Kanpur Nagar, whereby Non Bailable Warrant has been issued against the applicant. 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 bailable warrant, his application shall be decided in the light of the Versus Counsel for Applicant(s) : Sanjay Srivastava Counsel for Opposite Party(s) : G.A. Jay Jay Ram Alias Sanjay .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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. September 9, 2026 Ishan NA528 No. 37613 of 2026 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad