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

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

What the court decided

AI extract

Outcome

Non-bailable warrant kept in abeyance for 30 days; applicant not to be arrested for 30 days, during which period he may move an appropriate application before the trial court; trial court requested to consider the applicant's age and the acquittal of the co-accused and to decide the bail application on the same day.

Issue for consideration

Whether this Court should interfere to quash the non-bailable warrants issued against the aged accused-applicant Mohd. Deen by the Chief Judicial Magistrate, Ghaziabad.

Court's answer

Considering the age of the accused-applicant and the vacation of the stay on 26.09.2023, the Court kept the non-bailable warrant issued by the Chief Judicial Magistrate, Ghaziabad, in abeyance for 30 days.

Ratio / Principle

The applicant may not be arrested for 30 days from today, during which period the applicant may move an appropriate application before the trial court.

Key takeaways

The Court requested the trial court to consider the age of the accused and the acquittal of the co-accused, and to decide the bail application on the same day, as the record is with the trial court.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 81), Hon'ble Avnish Saxena, J.; decided October 31, 2025; APPLICATION U/S 528 BNSS No. - 40614 of 2025 (Mohd. Deen Versus State of U.P. and Another). Accused-applicant Mohd. Deen, 84 years of age, aggrieved by the non-bailable warrant issued by the Chief Judicial Magistrate, Ghaziabad in Case No.1466 of 1997 (State Vs. Mohd. Deen) under Sections 302/307 I.P.C., arising out of Case Crime No.629 of 1995, Police Station Kotwali, District Ghaziabad, sought quashing of the warrants. The charge sheet had been stayed till 26.09.2023 pursuant to a stay order of a coordinate Bench of this Court, but his earlier application under Section 482 No.3923 of 2005 had been dismissed and the interim order vacated on 26.09.2023 — a dismissal of which, he submitted, he was unaware; the other co-accused stood acquitted in trial, and he wished to face the trial. Held: considering his age and the vacatur of the stay on 26.09.2023, the Court disposed of the application — the non-bailable warrant kept in abeyance for 30 days; the applicant not to be arrested for 30 days, within which period he may move an appropriate application before the trial court; and the trial court requested to consider his age and the acquittal of the co-accused and to decide the bail application on the same day, as the record lies with the trial court. No notice issued to opposite party no.2.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 40614 of 2025

Mohd. Deen

	Versus	.....Applicant(s)
State of U.P. and Another		.....Opposite Party(s)
Counsel for Applicant(s)		: Sunil Dubey
Counsel for Opposite Party(s)		: G.A.

Court No. - 81

HON'BLE AVNISH SAXENA, J.

Heard Sri Sunil Dubey, learned counsel for the applicant and learned A.G.A. for the State.

The learned counsel for the accused-applicant submits the accusedapplicant is being aggrieved by the issuance of non-bailable warrant issued by Chief Judicial Magistrate, Ghaziabad in Case No.1466 of 1997 (State Vs. Mohd. Deen), under Sections 302/307 I.P.C., arising out of Case Crime No.629 of 1995, Police Station Kotwali, District Ghaziabad. It is submitted by the learned counsel for the applicant that the charge sheet was stayed till 26.09.2023 in pursuance to the stay order passed by the coordinate Bench of this Court. The application under Section 482 No.3923 of 2005 (Mohd. Deen Vs. State of U.P. and another) has been dismissed and the interim order was vacated by order dated 26.09.2023. The dismissal of the application was not known to the accused-applicant, who is 84 years of age and not in a position to move, but wants to face the trial. He further submits that the other co-accused are acquitted in trial. Hence, he seeks interference of this Court to quash the non-bailable warrants.

Learned A.G.A. accepts notice for the State.

There is no point of issuing notice upon opposite party no.2.

Considering the age of accused-applicant and the stay of proceedings vacated on 26.09.2023, the non-bailable warrant issued by the Chief

NA528 No. 40614 of 2025

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Judicial Magistrate, Ghaziabad, is kept in abeyance for 30 days.

The applicant may not be arrested for 30 days from today during which period the applicant may move appropriate application before the trial court.

Request is made to the trial court to consider the age of the accused and that the co-accused have been acquitted and decide the bail application on the same day, as the record is with the trial court.

The application under Section 528 B.N.S.S. is accordingly disposed of .

(Avnish Saxena,J.)

October 31, 2025

Shivangi

Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad