Dismissed

Kale Khan v. State of Up and 3 Others

Allahabad HC4 Sept 2024A482/18553/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. seeking arrest of an accused pending before a lower court, the High Court dismissed the plea. Holding that the remedy lies before the Court below itself upon failure to comply with orders, the Court declined to act as an executing court, finding the preliminary objection justified.

What did the court decide?

Application under Section 482 Cr.P.C. dismissed; no coercive process directed by this Court. Applicant to approach Court below for Sections 82/83 Cr.P.C.

Kale Khan vs State of Up and 3 Others — Criminal Trial and Appeal | Allahabad HC (2024)

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Court No. - 77

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Case :- APPLICATION U/S 482 No. - 18553 of 2024

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Applicant :- Kale Khan Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Sushil Dubey Counsel for Opposite Party :- G.A.,Sadaful Islam Jafri

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Hon'ble Rajeev Misra,J.

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Heard Mr. Sushil Dubey, the learned counsel for applicant, the learned A.G.A. for State/opposite party-1,2 and3 and Mr. Sadaful Islam Jafri, the learned counsel representing opposite party-4.

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This application under Section 482 Cr.P.C. has been filed by first informant with the following prayer:

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It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the instant application and direct the opposite parties to ensure the arrest of accused namely Waseem', opposite party no.4 in Case No. 13813 of 2022 arising out of Case Crime No.293/21, 147, 148, 149, 307, 352, 452, 324, 325, 504, 506 I.P.C., Police Station Gulavathi, District Bulandshahar pending in the court of Chief Judicial Magistrate, Bulandshahar in compliance to the order dated 06.03.2024 passed by the Chief Judicial Magistrate, Bulandshahar.

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It is further be pleased to direct the court below to ensure compliance of his orders and process under Section 82/83 Cr.P.C. by the police concern; otherwise the applicant will suffer irreparable loss and injury.

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At the very outset, the learned A.G.A. submits that in case an accused/opposite party-4 is avoiding arrest inspite of non bailable warrant having been issued against him, remedy lies to applicant to approach the Court below itself and pray for issuance of coercive process under sections 82 and 83 Cr.P.C.. As such, this application is not maintainable. Learned A.G.A. further contends that this Court in exercise of jurisdiction under section 482 Cr.P.C. cannot be converted as an executing Court for an order passed by CJM concerned. As such no interference is warranted by this Court in present application.

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When confronted with above, the learned counsel for applicant could not overcome the same.

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Having heard the learned counsel for applicant, the learned A.G.A. for State and upon perusal of record, this Court finds that the preliminary objection raised by the learned A.G.A. in opposition to

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this application could not be dislodged by the learned counsel for applicant, with reference to the record at this stage.

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In view of above, this application fails and is liable to be dismissed.

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It is accordingly dismissed.

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Order Date :- 4.9.2024 Arshad

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Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad

Kale Khan v. State of Up and 3 Others

Case brief

What is this about?

What did the court decide?

Kale Khan v. State of Up and 3 Others

Case brief

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