Parvez Zia and 2 Others v. State of U.P. and Another

Court No. - 88 Case :- APPLICATION U/S 482 No. - 31354 of 2023 Applicant :- Parvez Zia And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicants, learned Additional Government Advocate for the State of UP/opposite party no. 1, learned counsel for the opposite party no.2 and perused the record. This application under Section 482 Cr.P.C. has been 3led by the applicants to quash the entire proceedings of case no. 5914 of 2007 (State Vs. Parvez Zia and others), Case Crime No. 761 of 2006, under Sections 327, 323, 504, 506 IPC, Police Station Kotwali, District - Badaun, pending in the court of learned Chief Judicial Magistrate, Badaun. It is submitted by the learned counsel for the applicants that due to lack of knowledge/unavoidable reason applicants could not appear before the Court below. Impugned non bailable warrants have been wrongly and illegally issued by the concerned Court below against the applicants. On the other hand learned Additional Government Advocate contended that in this case Non-bailable warrant has been issued on account of non appearance of the applicants before the trial court. Admittedly, order sheets of the lower Court indicate that applicants are playing hide and seck with the Court since 2007 i.e. for the last about 16 year and wants this Court to come to his rescue by exercising its inherent jurisdiction. On account of non appearance of the applicants before the Court concerned, non bailable warrant has been issued against them. Having considered the submissions of learned counsel for the parties and looking into the conduct of the applicants in the lower court, I 3nd no good ground to interfere with the order of lower court issuing non-bailable warrants. In view of the above, the relief claimed by the applicants is refused. In view of the aforesaid, the present application stands dismissed. Order Date :- 17.10.2023 S.A. High Court of Judicature at Allahabad