HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 13073 of 2026 Court No. - 76 HON'BLE SANJAY KUMAR PACHORI, J. Sri Mukesh Joshi, learned counsel for the applicants and Sri Rahul Pandey, learned brief holder 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 18.1.2021 passed by Additional Sessions Judge/F.T.C.-II, Amroha in Special Case No. 127 of 2010, arising out of case crime No. 579 of 2010, under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, Police Station Hasanpur, District Amroha, whereby Non Bailable Warrant has been issued against the applicants. Learned counsel for the applicants submits that the applicants were 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 applicants appear before the court below within three weeks from today and apply for bail/recall of non bailable warrant, their application shall be decided in the light of the Versus Counsel for Applicant(s) : Mukesh Joshi Counsel for Opposite Party(s) : G.A. Shaeed @ Mohd Shaeed And Another .....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 applicants appear before the court below, whichever is earlier, execution of non bailable warrant against applicants shall be kept in abeyance. April 1, 2026 T. Sinha NA528 No. 13073 of 2026 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad