Dismissed¶20

Ahsan Ulla @ Mohammad Munavvar S/O Mohammad Rahmatullah v. State of Rajasthan

Rajasthan HC10 Jul 2025CRLMP/3713/2025

Case brief

AI extract

What is this about?

Quashing petition; Section 528 BNSS 2023; Section 70(2) Cr.P.C.; non-bailable warrants; petitioner non-appearance; exoneration of main accused and co-accused; order dated 16.07.2024 Annexure-4; Session Case No.249/202 Ajmer; Sections 143 506 504 188 117 302/115 r/w 149 IPC; effective alternate remedy doctrine writ petition; dismissed with liberty; Rajasthan High Court Jaipur; Justice Sameer Jain; CRLMP-3713/2025; [2025:RJ-JP:25479].

What did the court decide?

Dismissal of the petition, with liberty to the petitioner to avail the alternate and efficacious remedy available, in accordance with the law; pending applications disposed of. ¶20

Ahsan Ulla @ Mohammad Munavvar S/O Mohammad Rahmatullah Vs State of Rajasthan — Rajasthan HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissal of the petition, with liberty to the petitioner to avail the alternate and efficacious remedy available, in accordance with the law; pending applications disposed of.

¶20

Issue for consideration

Whether the proceedings in Session Case No.249/202 (CIS No.3249/2022) pending before the Court of Additional District & Session Judge No.4, Ajmer, for offences under Sections 143, 506, 504, 188, 117, 302/115 read with Section 149 IPC, ought to be quashed under Section 528 of BNSS, 2023, given the petitioner's non-appearance and the exoneration of the main accused and co-accused. +1 more

¶13

Court's answer

This Court finds no reason to interfere with the petition; the impugned order rejecting the application filed under Section 70(2) Cr.P.C. is justified on account of the petitioner's non-appearance.

¶19

Ratio / Principle

The order dated 16.07.2024 (Annexure-4), whereby the co-accused and main accused were exonerated, is justified and a well-speaking order; no order was passed qua the petitioner on account of his non-participation.

¶19

Key takeaways

A writ petition should not be entertained when an effective alternate remedy is provided by law; accordingly the petitioner must pursue the alternate and efficacious remedy available.ratio¶19

Detailed headnote1 paragraphs

Rajasthan HC (Jaipur Bench) — S.B. Criminal Miscellaneous (Petition) No. 3713/2025, judged by Hon'ble Mr. Justice Sameer Jain, decided 10/07/2025 ([2025:RJ-JP:25479]). Petitioner (Ahsan Ulla @ Mohammad Munavvar) sought quashing under Section 528 of BNSS, 2023 of proceedings in Session Case No.249/202 pending before Additional District & Session Judge No.4, Ajmer, for offences under Sections 143, 506, 504, 188, 117, 302/115 read with Section 149 IPC, arguing non-bailable warrants issued against him for bona fide non-appearance while co-accused and main accused had been exonerated. Court found no reason to interfere: the impugned order rejecting the application under Section 70(2) Cr.P.C. was justified owing to the petitioner's non-appearance; the order dated 16.07.2024 (Annexure-4) exonerating co-accused and main accused was a justified, well-speaking order with no order passed qua petitioner for non-participation; and a writ petition should not be entertained where an effective alternate remedy exists. Petition dismissed with liberty to pursue alternate remedy.

¶1

[2025:RJ-JP:25479]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶3

S.B. Criminal Miscellaneous (Petition) No. 3713/2025

¶4

Ahsan Ulla @ Mohammad Munavvar S/o Mohammad Rahmatullah, Aged About 44 Years, House No. 5-3-464, Near Topkhana Masjid, Ghosa Mahal, Naampali, Hayderabad.

¶5

----Petitioner

¶6

Versus

¶7

State of Rajasthan through the PP

¶8

----Respondent

¶9

For Petitioner(s) : Mr. Fahad Hasan For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP Mr. Rishi Raj Singh Rathore, PP

¶10

HON'BLE MR. JUSTICE SAMEER JAIN

¶11

Judgment

¶12

10/07/2025

¶13

The present petition is filed under Section 528 of BNSS, 2023 for quashing the proceedings in Session Case No.249/202 (CIS No.3249/2022) pending in the Court of Additional District & Session Judge No.4, Ajmer for the offence under Sections 143, 506, 504, 188, 117, 302/115 read with Section 149 IPC.

¶14

Learned counsel for the petitioner has submitted that on account of certain bona fide reasons the petitioner was not able to mark personal presence in the concerned Court on various occasions, resultant to which non-bailable warrants were issued against the petitioner. It is further submitted that during the said tenure, qua the main accused and the co-accused, proceedings were initiated, wherein they were exonerated, however, the petitioner was not exonerated due to non-participation. In this

[2025:RJ-JP:25479]

[CRLMP-3713/2025]

(2 of 2)

regard, learned counsel has submitted that on account of said fact entire proceedings ought to be quashed.

¶19

Upon perusal of the material available on record, this Court finds no reason to interfere with the present petition for the reason that impugned order rejecting the application filed under Section 70(2) Cr.P.C., is justified on account of non appearance of the petitioner; that order dated 16.07.2024 (Annexure-4) is justified and well-speaking order, whereby co-accused and main accused were exonerated, howsoever, no order was passed qua petitioner on account of non-participation; that the petitioner has approached this Court without availing alternative remedy. It is settled position of law that a writ petition should not be entertained when an effective alternate remedy is provided by law.

¶20

Taking note of the aforementioned, this Court deems it apposite to dismiss the present petition with liberty to the petitioner to avail alternate and efficacious remedy available, in accordance with the law.

¶21

In view of the above, present petition is dismissed. Pending applications, if any, shall stand disposed of.

¶22

(SAMEER JAIN),J

¶23

JKP/85

Ahsan Ulla @ Mohammad Munavvar S/O Mohammad Rahmatullah v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Ahsan Ulla @ Mohammad Munavvar S/O Mohammad Rahmatullah v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Statutes considered

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