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Neutral Citation No. - 2025:AHC:73688 Court No. - 71 Case :- APPLICATION U/S 482 No. - 3512 of 2025 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. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. 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 Station- Kithore, 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.
3. 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disposed of as withdrawn with liberty to applicants to appear before the court concerned and file an appropriate application for bail within four weeks.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
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.
4. Accordingly, the Application u/s 482 Cr.P.C. is hereby dismissed.
Order Date :- 7.5.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad