Khalilurrahman and 3 Others vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Khalilurrahman and 3 Others vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Entire proceedings arising out of the notice/Chalaani report dated 03.06.2024 under Sections 107, 111, 116 Cr.P.C. (Case No. 529 of 2024, Police Station Dhumanganj, Prayagraj) quashed; Section 482 CrPC application allowed.

Issue for consideration

Whether the entire proceedings in Case No. 529 of 2024 under Sections 107, 111, 116 Cr.P.C. (Police Station Dhumanganj, Prayagraj), initiated by notice/Chalaani report dated 03.06.2024 and pending before the Special Karya Palak Magistrate, ought to be quashed under Section 482 CrPC.

Court's answer

The entire proceedings arising out of the notice/Chalaani report dated 03.06.2024 under Sections 107, 111, 116 Cr.P.C. are quashed.

Ratio / Principle

Proceedings under Sections 111, 107, 116 CrPC operate only for a certain period, whereas the notice had been issued in June 2024.

Key takeaways

The order was passed without prejudice to any parties, as no counter affidavit had been filed and the case was decided only on the prima facie evidence/submissions narrated by learned counsel for the applicants.obiter¶15
As recorded on the submission of learned counsel for the applicants, the notice had not been executed, no one having appeared before the concerned court for execution of bail bond and sureties, on which basis the Court summed up the matter.ratio¶15
The application under Section 482 CrPC is allowed.

Detailed headnote1 paragraphs

Allahabad High Court (Praveen Kumar Giri, J.) allowed an application under Section 482 CrPC and quashed the entire proceedings in Case No. 529 of 2024 (Khalilulrahman and others v. State of U.P. and others) under Sections 107, 111, 116 Cr.P.C., Police Station Dhumanganj, Prayagraj, pending before the Special Karya Palak Magistrate, Dhumanganj, Commissionerate Prayagraj, arising out of a notice/Chalaani report dated 03.06.2024. The order was passed without prejudice, no counter affidavit having been filed and the matter being decided only on the prima facie submissions of counsel for the applicants. Counsel had submitted that applicant nos. 3 and 4 (Abdurrahman and Saifurrahman, both sons of Izharul Haq) were residing abroad on the date of the alleged incident; the Court further observed that such proceedings under Sections 111, 107, 116 CrPC operate only for a certain period although issued in June 2024, and that the notice had not been executed, no one having appeared for execution of bail bond and sureties. Decided November 25, 2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 41276 of 2024

Khalilurrahman And 3 Others

	Versus		.....Applicant(s)
State Of U.P. And 3 Others			.....Opposite Party(s)
Counsel for Applicant(s)	: Javed Khan	Husain Khan,	Pervez Husain
Counsel for Opposite Party(s)	: G.A.

Court No. - 82

HON'BLE PRAVEEN KUMAR GIRI, J.

Heard learned counsel for the applicants and learned AGA for the Stateopposite parties.

Learned counsel for the applicants submits that he has filed the present application under Section 482 CrPC for the following prayer, which has been mentioned in the prayer clause of this application. The prayer clause is delineated below:-

"It is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire proceedings of the case no. 529 of 2024, Khalilulrahman and others Vs State of UP & others, under Sections 107, 111, 116 Cr.P.C., Police StationDhumanganj, Prayagraj, pending in the court of Special Karya Palak Magistrate, Dhumanganj, Commissionerate Prayagraj otherwise the applicants would suffer irreparable loss and injury."

Learned counsel for the applicants submits that applicant nos. 3 and 4 (Abdurrahman and Saifurrahman both sons of Izharul Haq) are residing abroad on the date of alleged incident, therefore, their names shall not be brought in the alleged notice/ chalaani report and, thus, the notice issued on 03.06.2024 under Sections 107, 111, 116 Cr.P.C. is not in consonance with the provision of law. In case, if there is breach of peace, further proceedings may be initiated in accordance with law.

In view of the above facts and circumstances of the case, the entire

A482 No. 41276 of 2024

2

proceedings arising out of the notice/ Chalaani report dated 03.06.2024 under Sections 107, 111, 116 Cr.P.C. is hereby quashed .

This order has been passed without prejudice to any parties as no counter affidavit has been filed and this case has also been decided only on the prima facie evidence as narrated by the learned counsel for the applicants. The proceedings of Section 111, 107, 116 CrPC is only for certain period while this has been issued in the month of June, 2024 and yet, as per submission of learned counsel for the applicants, the notice has yet not been executed as no one has appeared before the concerned court for execution of bail bond and sureties and this matter is sum up at this stage.

Accordingly, this application under Section 482 CrPC is allowed .

(Praveen Kumar Giri,J.)

November 25, 2025

Rama Kant

Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad