'Unexecuted NBW Justified Only If Convict Is Dead Or Fled Nation; Trace Man In 1984 Appeal Across India': Allahabad HC To UP Police

Noting thus, a Division Bench of Justice JJ Munir and Justice Sanjiv Kumar on Tuesday refused to accept a report by the Commissioner of Police, Prayagraj, which essentially stated that a convict in a 41-year-old criminal appeal had disappeared without trace.

The Court categorically held that the police cannot simply claim that a fugitive cannot be found.

"It is the duty of the Police to find out wherever a fugitive from justice is hiding", the Bench observed, adding that even if the individual has concealed himself in "any part of the country", cops are duty-bound to locate him.

The observation came while hearing a Criminal Appeal pertaining to year 1984. The sole appellant-convict (Maulana Khursheed Jamal Qadri) who worked as a private tutor in Prayagraj had been granted bail in April 1984.

However, decades later, when the appeal was listed for hearing, he was nowhere to be found.

Earlier this year, the Court initiated proceedings under Section 82 of the CrPC (proclamation for person absconding) against him. By November 2025, the Chief Judicial Magistrate reported that inquiries in Muzaffarpur and Darbhanga (Bihar) failed to locate him.

During the proceedings on December 2, 2025, the Commissioner of Police, Prayagraj, submitted a compliance report stating on record the efforts made to trace the appellant. The report sated that the first surety of the appellant died in 2006 and second one also passed away "quite some time ago”

Regarding the appellant's whereabouts, the police report submitted that no useful information could be gathered regarding the presence or residence of the criminal appellant at the recorded addresses.

The report further disclosed that the appellant used to live in a room at the complainant's house in Handia (Prayagraj) and he taught Arabic to Muslim children but had no permanent address in Prayagraj.

Report also revealed that the locals indicated that he was originally from Bihar, but despite police teams being dispatched to Muzaffarpur and Kaushambi and inquiries made with local authorities including the Chairman of Nagar Panchayat Sirathu, no corroborative evidence regarding his current location or even his living status could be found.

Having perused the report, the court noted that while efforts were made by the Police, it was not at all satisfied with such efforts. The Court remarked:

"We want the fugitive from justice, Maulana Khursheed Jamal Qadri, to be brought before this Court, even if he has concealed himself in any part of this country, howsoever remote".

The Court reiterated that a non-bailable warrant of arrest can be returned un-executed only in two eventualities: firstly, if the person against whom a warrant of arrest has been issued is dead and beyond all mortal jurisdictions; secondly, if he has fled the country, in which event there should be some evidence or material to establish that it is indeed so.

The Court added that in no other eventuality can the Police say that the fugitive cannot be found.

Importantly, in a previous order (of November 25, 2025), the Court had remarked that it is the duty of the Police to find out wherever a fugitive from justice is hiding.

"It can be in any part of the country and the Police are duty bound to get in touch with their counterparts, collect intelligence, locate the man, who has hidden himself from the process of law and bring him to justice", the bench had said.

Against this backdrop, the Court has directed the Commissioner of Police, Prayagraj, to submit a further report and bring the appellant before the Court. The matter has been listed for further hearing on December 11.