Dismissed

Shyam Singh v. State of U.P. and Another

Allahabad HC18 Aug 2023A482/19987/2023

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC, the applicant complained that the Commissioner refused to register an appeal filed years ago. The Court directed the Commissioner to register the appeal and dispose of it within one week of receiving the certified copy of the order.

What did the court decide?

Direction to the learned Commissioner to register the appeal within one week and pass an order thereon expeditiously. Liberty granted to file a fresh appeal if the original memo is not available.

Shyam Singh Vs State of U.P. and… — Constitutional and Fundamental Rights | Allahabad HC (2023)

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Court No. - 90

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Case :- APPLICATION U/S 482 No. - 19987 of 2023 Applicant :- Shyam Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surendra Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Pathak,J.

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Heard learned counsel for the applicant, learned AGA and perused the record.

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While entertaining the instant application, following order dated 10.7.2023 was passed by this Court:-

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"1. Heard learned counsel for the applicant and learned AGA for the State.

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2. The applicant has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. beseeching a direction to opposite party No.2 i.e. Commissioner Kanpur Division, Kanpur to register the appeal dated 23.5.2022 filed on behalf of the present applicant under Section 341 Cr.P.C. assailing the order dated 6.10.2017 passed by learned District Magistrate Kanpur Dehat, in Case No. 1 under Section 195 Cr.P.C.

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3. Learned AGA has prayed for and granted two weeks time to seek instructions and apprise the Court qua present states of appeal as mentioned above."

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On the next date i.e. 9.8.2023, the learned AGA has sought one week's more time to comply with the order dated 10.7.2023.

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In compliance of the orders dated 10.7.2023 and 9.8.2023, learned AGA apprised the Court that no appeal has been filed till date before the learned Commissioner.

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In paragraphs No. 6 and 7 of the affidavit filed in support of the instant application specific allegation has been made against the officer concerned posted in the court of learned Commissioner that despite the appeal being presented, the same has neither been received properly nor same has been registered as an appeal. The relevant paragraphs No. 6 and 7 of the affidavit is quoted hereinbelow:

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"6.That, the applicant filed appeal on 23.05.2022 Under Section 341 Cr.P.C. before commissioner (Opposite Party No. 2) with delay Condonation application but till date it has not be registered/entertained

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and disposed of by opposite party No. 2. The photo copy of the memo of appeal dated 23.05.2022 with delay Condonation Application is being filed herewith and marked as Annexure No. 2 to this affidavit.

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7. That, the applicant being old person several times contacted the office of opposite party No. 2 and requested to fix date in the appeal but nothing was don hence the applicant met to opposite party No. 2 personally and requested for hearing of appeal but it was not heard till date and no order has been passed and even it has not been registered on number till date."

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It has been submitted by the learned counsel for the applicant that the present applicant has sent a registered letter dated 11.7.2022 (annexure No. 3) to the learned Commissioner requesting him to register his appeal and pass appropriate order thereon. At later stage, he has again moved an application dated 14.2.2023 for registering the appeal. Copy of the application along with seal of court of Commissioner, Kanpur Division, Kanpur dated 14.6.2023 is annexed as annexure No. SA-2 to the supplementary affidavit.

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Be that as it may, without considering the merits of the case, it would be appropriate to issue a direction to the learned Commissioner (opposite party No. 2) to register the appeal, which has already been produced in his office in the year 2022 and pass appropriate order there on expeditiously as early as possible in accordance with law.

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It is expected that the learned Commissioner shall ensure the registration of the appeal, in accordance with law, within a period of one week from the date of production of certified copy of this order.

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It is made clear that, in case, the memo of appeal as mentioned in paragraphs No. 6 and 7 of the affidavit is not available in the concerned office of Commissioner's Court, the applicant is at liberty to move a fresh memo of appeal, in accordance with law, within a period of two weeks from the date of denial made by the office of Commissioner's Court qua availability of memo of appeal as mentioned in preceding paragraph.

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The application stands disposed of.

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Order Date :- 18.8.2023 vinay

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Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad

Shyam Singh v. State of U.P. and Another

Case brief

What is this about?

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Shyam Singh v. State of U.P. and Another

Case brief

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What did the court decide?

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