Dismissed¶¶10

Zakir and Another v. State of U.P. and Another

Criminal – Quashing

Allahabad HC7 May 2025A482/3512/2025

Download

Case brief

AI extract

What is this about?

Allahabad High Court, Application U/S 482 No. 3512 of 2025, Zakir and another v. State of U.P. and another (Raj Beer Singh, J., decided 7.5.2025): 482 Cr.P.C. quashing petition against CJM Meerut's order dated 11.10.2023 proceeding ex parte under Section 299 Cr.P.C. and issuing permanent non-bailable warrants in a Section 302 IPC complaint (Complaint Case No.2914 of 2013); earlier withdrawal of quashing petition with NBWs in abeyance, execution of process under Sections 82 & 83 Cr.P.C., non-appearance of applicants; no abuse of process or miscarriage of justice found; application dismissed.

What did the court decide?

Learned counsel raised various arguments regarding the factual aspect, but no material illegality or perversity could be pointed out in the impugned order dated 11.10.2023. ¶¶8

Zakir and Another vs State of U.P. and Another — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Dismissed

¶¶10

Issue for consideration

Whether the order dated 11.10.2023 passed by the Chief Judicial Magistrate, Meerut, proceeding against the applicants under Section 299 Cr.P.C. and issuing permanent non-bailable warrants, suffers from material illegality or amounts to abuse of the process of court so as to warrant interference/quashing under Section 482 Cr.P.C.

¶¶7

Court's answer

Learned counsel raised various arguments regarding the factual aspect, but no material illegality or perversity could be pointed out in the impugned order dated 11.10.2023.

¶¶8

Ratio / Principle

Despite the earlier order keeping the non-bailable warrants in abeyance, the applicants did not appear before the court concerned; process under Sections 82 & 83 Cr.P.C. was issued and executed, and upon their continued non-appearance the matter was rightly proceeded under Section 299 Cr.P.C. with issuance of non-bailable warrants.

¶¶9

Key takeaways

On the facts, there was no abuse of the process of court or miscarriage of justice so as to require interference by the High Court under Section 482 Cr.P.C.; the application lacked merit and was liable to be dismissed.ratio¶¶9

Detailed headnote1 paragraphs

Criminal — Quashing — Section 482 Cr.P.C. — Application dismissed. The applicants challenged the order dated 11.10.2023 of the Chief Judicial Magistrate, Meerut, in Complaint Case No.2914 of 2013 (Faiyyaj Vs. Zakir and others) under Section 302 IPC, whereby the complaint was proceeded against them under Section 299 Cr.P.C. and permanent non-bailable warrants were issued. An earlier 482 application seeking quashing of the order dated 02.08.2023 and the entire proceedings had been withdrawn with liberty to appear and seek bail, with the non-bailable warrants kept in abeyance for four weeks from 10.10.2023; the applicants nonetheless failed to appear, process under Sections 82 & 83 Cr.P.C. was executed, and the matter proceeded under Section 299 Cr.P.C. Held (Raj Beer Singh, J.): no material illegality or perversity was pointed out in the impugned order, and there was no abuse of the process of court or miscarriage of justice warranting interference; the application under Section 482 Cr.P.C. lacked merit and was dismissed (order dated 7.5.2025).

¶1

Neutral Citation No. - 2025:AHC:73688

¶2

Court No. - 71

¶3

Case :- APPLICATION U/S 482 No. - 3512 of 2025

¶4

Applicant :- Zakir And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- D.M.Tripathi,Rahul Tiwari Counsel for Opposite Party :- G.A.

¶5

Hon'ble Raj Beer Singh,J.

¶6

Heard learned counsel for the applicants and learned A.G.A. for the State.

¶7

This application under Section 482 Cr.P.C. has been preferred against the order dated 11.10.2023, passed by Chief Judicial Magistrate, Meerut, in Complaint Case No.2914 of 2013 (Faiyyaj Vs. Zakir and others), under Section 302 IPC, Police StationKithore, District- Meerut, whereby the complaint in respect of applicants has been proceeded under Section 299 Cr.P.C. and permanent non-bailable warrants were issued against applicants.

¶8

Learned counsel has raised various arguments regarding factual aspect of the matter but no material illegality or perversity could be pointed out in the impugned order. It appears from record that earlier the applicants have filed an application under Section 482 Cr.P.C. for quashing of order dated 02.08.2023 as well as for quashing of entire proceedings of aforesaid case, which was disposed of as withdrawn with liberty to applicants to appear before the court concerned and file an appropriate application for bail within four weeks. It was also directed that for a period of four weeks from the date of order i.e. 10.10.2023, non-bailable warrants issued against applicants shall be kept in abeyance. It appears that despite that order the applicants did not appear before

¶9

the court concerned. It appears that process under Sections 82 & 83 Cr.P.C. were issued and executed against applicants but as the applicants did not appear and thus, the matter was proceeded under Section 299 Cr.P.C. and non-bailable warrants were issued against applicants. In view of facts of the matter, there is nothing to show that there has been any abuse of the process of court or miscarriage of justice, so as to require any interference by this Court by invoking powers under Section 482 Cr.P.C. The application under Section 482 Cr.P.C. lacks merit and thus liable to be dismissed.

¶10

Accordingly, the Application u/s 482 Cr.P.C. is hereby dismissed .

¶11

Order Date :- 7.5.2025

¶12

'SP'/-

¶13

Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad

Zakir and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Zakir and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Ramnaresh and 7 Others vs State of U.P. and Another

P.T.C. Techno Private Limited vs State of U.P. and 7 Others

Guddi Alias Hasibun vs State of U.P. and Another

Manisha and 2 Others vs State of U.P. and Another

Smt Sayra Bi vs State of U.P. and 4 Others

Rajkumar Yadav vs State of U.P. and Another