Umesh Chandra Verma Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

Umesh Chandra Verma Vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

None to the appellant — appeal dismissed as not pressed. Ancillary direction: copy of the order to be forwarded to the concerned Senior Superintendent of Police, Gonda by the Senior Registrar of the Court.

Issue for consideration

Whether this highly belated appeal — challenging the 25.05.2007 summoning order and the 17.02.2022 order issuing a non-bailable warrant and directing a letter to the SSP, Gonda — should be entertained, absent any explanation for the long delay and laches in filing. +1 more

Court's answer

At the hearing, counsel for the appellant submitted that he did not want to press the appeal, and learned A.G.A. raised no objection; accordingly, the appeal is dismissed as not pressed.

Key takeaways

Observation on the delay: it is very strange that a police personnel has not complied with the summoning order issued more than 18 years ago; it cannot be accepted that he would not have come to know, as he was posted at the relevant place, and the warrant could not be executed even after 3 years.obiter¶9
Determination of who is responsible for the non-execution of the non-bailable warrant is expressly left to the concerned Senior Superintendent of Police, and a copy of this dismissal order is directed to be forwarded to the SSP, Gonda by the Senior Registrar of the Court.obiter¶11

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Court No. 12) — CRIMINAL APPEAL No. 1791 of 2025, decided 17.7.2025 by Hon'ble Rajnish Kumar, J. (neutral citation 2025:AHC-LKO:40926). Appellant Umesh Chandra Verma, whom the Court describes as a police personnel, filed a 'highly belated' appeal challenging (i) the summoning order dated 25.05.2007 passed in Criminal Misc. Case No. 2140 of 2006 (Bhupendra Kumar vs Umesh Chandra Verma and others), arising out of Case Crime No. C-5/05 under Sections 147, 323, 504 IPC and Section 3(1)(x) of the SC/ST Act, Police Station Kotwali Nagar, District Gonda, and (ii) the order dated 17.02.2022 by which a Non Bailable Warrant was issued against him and a letter was written to the SSP, Gonda — without any explanation for the long delay and laches in filing. On query, counsel explained only that the appellant had been transferred from Gonda to Bahraich and, a month prior, to Lucknow. The Court observed it 'very strange' that a police personnel had not complied with a summoning order over 18 years old and that it could not be accepted he was unaware, being posted at the relevant place, with the warrant unexecuted even after 3 years; responsibility for non-execution was expressly left to the concerned SSP. Counsel then submitted he did not wish to press the appeal, the learned A.G.A. raised no objection, and the appeal was dismissed as not pressed; a copy of the order was directed to be forwarded to the SSP, Gonda by the Senior Registrar.

Neutral Citation No. - 2025:AHC-LKO:40926

Court No. - 12

Case :- CRIMINAL APPEAL No. - 1791 of 2025

Appellant :- Umesh Chandra Verma Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Appellant :- Shiv Shanker Sen Counsel for Respondent :- G.A.

Hon'ble Rajnish Kumar,J.

Heard Sri Shiv Shanker Sen, learned counsel for the appellant and learned A.G.A. for the State.

This highly belated appeal has been filed, challenging the summoning order dated 25.05.2007 passed in Criminal Misc. Case No. 2140 of 2006 (Bhupendra Kumar Vs. Umesh Chandra Verma and others) arising out of Case Crime No. C-5/05 under Sections 147, 323, 504 IPC and Section 3(1) (x) of the SC/ST Act, Police Station- Kotwali Nagar District- Gonda and the order dated 17.02.2022 by means of which Non Bailable Warrant was issued against the appellant and a letter was also written to the Senior Superintendent of Police,Gonda without any explanation for such a long delay and laches in fling the appeal.

On a query in regard to the delay, learned counsel for the appellant states that from district Gonda, the appellant was transferred to Bahraich and now about a month ago, he has been transferred to Lucknow.

It is very strange that a police personnel is not complying the summoning order issued more than 18 years ago and it can not be accepted that he would not have come to know as he was posted at the relevant place and the Non

Bailable Warrant could not be executed even after passing of 3 years.

This is to be seen by the concerned Senior Superintendent of Police as to who are responsible for non execution of the Non bailable Warrant.

At this stage, learned counsel for the appellant submits that he does not want to press this appeal. To which there is no objection by learned A.G.A.

This appeal is dismissed as not pressed .

Let a copy of this order be forwarded to the concerned Senior Superintendent of Police, Gonda by the Senior Registrar of this Court.

(Rajnish Kumar,J.)

Order Date :- 17.7.2025 dk/

Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench