Dismissed

Nazibul Rahim Khand v. State of U.P. Thru. the Prin. Secy. Home, Lko. and Others

Allahabad HC28 Feb 2024A483/111/2024

Case brief

AI extract

What is this about?

Application under Section 483 CrPC sought directions to arrest an accused evading non-bailable warrants and to expedite a trial pending since 2003. The court held it has no superintendence power over police under Section 483, and the second prayer was already granted in an earlier petition; application dismissed.

What the court decided

AI extract

Nazibul Rahim Khand vs State of U.P. Thru. the… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:18050

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Court No. - 27

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Case :- APPLICATION U/S 483 No. - 111 of 2024 Applicant :- Nazibul Rahim Khan Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home, Lko. And Others Counsel for Applicant :- Satish Kumar Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Harendra Singh, Advocate holding brief of Sri Satish Kumar Sharma, the learned counsel for the applicant and Sri Puneet Kumar Yadav, the learned State Counsel.

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By means of the instant application filed under Section 483 Cr.P.C., the applicant has sought the following prayer:-

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" WHEREFORE, it is most respectfully prayed that this Hon'ble court may graciously be pleased to direct the Opp. Party No. 2 &3 to ensure the arrest of the opp. Party No. 4 in light of the N.B.W. order dated 29.11.2022 issued by the Chief Judicial Magistrate Lakhimpur Kheri and N.B.W. order dated 20.01.2024 passed by the Chief Judicial Magistrate Kheri in case No. 2964/2003(State versus Jagtar Singh and others) crime No. 378/2002, U/S 419,420,467,468 IPC,P.S. Gola, District Kheri. pending in the court of I Chief Judicial Magistrate Kheri.. With immediate effect so that the petitioner could get justice.

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Petitioner further prayed that this Hon'ble court may kindly be pleased to direct the Chief Judicial Magistrate Kheri to conclude the trial of case No. 2964/2003 (State versus Jagtar Singh and others) crime No. 378/2002, U/S 419,420,467,468 IPC,P.S. Gola, District Kheri. pending in the court of I Chief Judicial Magistrate Kheri. Since 2003.

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Any other order or direction which this Hon'ble court may deem fit and proper under the facts and circumstances of the case may also be passed in favour of the petitioner. "

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Section 483 Cr.P.C provides that,"the High Court shall exercise its superintendence over the Courts of Judicial

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Magistrates subordinate to it as to ensure that there is an expeditious and proper disposal of cases by such Magistrates." The court does not have power of superintendence over police authorities under Section 483 Cr.P.C and, therefore, no direction can be issued to the police authorities to arrest the accused persons while exercising this power.

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So far as the second prayer for conclusion of trial is concerned, the applicant had previously field an application under Section 483 Cr.P.C No. 219 of 2022 and such a direction has already been issued by means of an order dated 13.06.2022 passed in the aforesaid petition. Therefore, the second application filed for the same relief is not maintainable.

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In view of the aforesaid discussion, the application lacks merits and the same is accordingly dismissed.

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(Subhash Vidyarthi,J.)

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Order Date :- 28.2.2024 Preeti.

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Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench

Nazibul Rahim Khand v. State of U.P. Thru. the Prin. Secy. Home, Lko. and Others

Case brief

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Nazibul Rahim Khand v. State of U.P. Thru. the Prin. Secy. Home, Lko. and Others

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