Nikhil Chaudhary vs State of U.P. and 3 Others

Neutral Citation No. - 2025:AHC:22272

Court No. - 79

Case :- MATTERS UNDER ARTICLE 227 No. - 1304 of 2025

Petitioner :- Nikhil Chaudhary Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Alok Kumar Rai Counsel for Respondent :- G.A.

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Hon'ble Saurabh Srivastava,J.

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Heard Sri Alok Kumar Rai, learned counsels appearing on behalf of the petitioner and learned AGA for the State.

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The instant petition has been preferred for challenging the order dated 07.02.2024 passed by the learned Chief Judicial Magistrate, Muzaffar Nagar through which application preferred by petitioner for compounding the challan imposed over the vehicle no. UP 15 DT 0080 since the same was not covered under the ambit of compoundable challan as notified by State Government of Uttar Pradesh vide Notification dated 02.06.2023, was dismissed.

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Being aggrieved with the order dated 07.02.2024, petitioner preferred Criminal Revision No. 261 of 2024 for challenging the same before the learned Session Judge, Muzaffar Nagar on specific grounds that as per report received from concerned toll plaza, the e-challan has been extended and imposed over the vehicle of the petitioner was made in the year 2020 and as such the same may be compounded in pursuance to Notification dated 02.06.2023 in which the challans which were imposed upon the concerned vehicle upto 31.12.2021 may be persuaded for compounding and the same shall be under the ambit of compoundable challan.

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Learned counsel for the petitioner submits that the specific grounds has been taken up through revision in the light of Notification dated 02.06.2023 but no credence has been given by learned revisional court and the same was also dismissed vide order dated 12.08.2024 which impugned the present petition.

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Learned counsel for the petitioner further submits that the case of the petitioner is fully comes under the purview of Notification dated 02.06.2023 since challan imposed over the vehicle of the petitioner is of 2020 and the extended period vide Notification dated 02.06.2023 is 31.12.2021 but both the learned courts have

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not considered the notification issued by Transport Commissioner, State of U.P. and illegally decided the application preferred at the behest of the petitioner.

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Per contra, learned AGA submits that as per the document which is already appended along with the petition which clearly shows that the challan has been imposed in the year 2022 and as such the same is out of the purview of Notification dated 02.06.2023.

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Learned AGA sought the attention of the court over the crystal clear wordings and the dates mentioned in the Notification dated 02.06.2023 issued by the Office of Transport Commissioner, Uttar Pradesh, wherein the cut-off date has been mentioned as 31.12.2021.

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Learned counsel further submitted in shape of substantiating his argument that the relevant information sought through the Right to Information Act, wherein it has been informed that challan imposed over the vehicle of the petitioner is of the year 2020 but the same has been registered by the concerned authority of the Regional Transport Officer, Saharanpur in the year 2022 but the delay in registering the challan in their records, the same can only be verified by the concerned Officer and the list of to and fro from the same toll plaza regarding the vehicle pertains to petitioner is also provided, which is appended as Annexure No. 9 available at page no. 58 which crystal clearly shows that the challan imposed over the vehicle no. UP 15 DT 0080 were of the year 2020 only.

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The argument raised by learned counsel for the petitioner seems to be justified and as such it is evident from the record provided by the Office of Regional Transport Officer, Saharanpur itself shows that the e-challan extended against vehicle no. UP 15 DT 0080 from the toll plaza is of the year 2020 only which are nine times but the same has been registered in the records of the Regional Transport Officer on 22.05.2022, which is also apparent from the charge sheet dated 13.07.2022 preferred by the Enforcement Branch of Transport Department of Uttar Pradesh, whereupon cognizance has been taken up by learned Court of Chief Judicial Magistrate on 07.08.2023. Although at the time of preferring the instant petition, the orders dated 07.02.2024 and 12.08.2024 were put under challenge through which the application for compounding preferred at the behest of the petitioner was dismissed by the learned Chief Judicial Magistrate and Criminal Revision thereof was also dismissed respectively.

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Considering the limited scope of jurisdiction under Article 227

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of the Constitution of India, this Court restrain to quash the entire proceedings whereas the same has been initiated under gross violation of the procedure which is apparent on the face of the record, where the challan has been imposed being e-challan from the toll plaza for specific offence of overloading in the year 2020, which is apparent from the charge sheet but the same has been registered on 22.05.2022 and without taking into consideration, learned Court of Chief Judicial Magistrate took cognizance which is also highly illegal, but under limited scope of Article 227 of the Constitution of India, this Court is confined only for judicial scrutiny of the order passed by the learned revisional court arising out of the same, the instant petition has been preferred.

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In view of the above mentioned facts and circumstances and the discussion as made during course of argument extended by learned counsel for the petitioner and learned AGA for the State, the order dated 07.02.2024 passed by the learned Chief Judicial Magistrate, Muzaffar Nagar and order dated 12.08.2024 passed by learned Additional Session Judge, Court No. 1, Muzaffar Nagar in Criminal Revision No. 261 of 2024, are hereby set-aside . The matter is remitted back to learned Court of Chief Judicial Magistrate, Muzaffar Nagar for deciding the application preferred at the behest of the petitioner for seeking compounding of the offences as fresh in the light of Notification issued by the Office of Transport Commissioner dated 02.06.2023, wherein the cut-off date of challan is mentioned as 31.12.2021.

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12. The writ petition stands allowed accordingly.

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Order Date :- 10.2.2025 Shaswat

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Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad

Nikhil Chaudhary v. State of U.P. and 3 Others

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Nikhil Chaudhary v. State of U.P. and 3 Others

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