Rajesh Kumar vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Rajesh Kumar vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether the S.S.P., Meerut and Jail Superintendent, Meerut complied with the order of this Court dated 21.5.2025 requiring furnishing of the appellant's custody certificate and criminal history. +1 more

Court's answer

The S.S.P., Meerut and Jail Superintendent, Meerut are directed to file their personal affidavits by the next date of listing, showing why the State Government should not be directed to initiate appropriate proceedings against them for non-compliance of the Court's order dated 21.5.2025.

Ratio / Principle

The conduct of the S.S.P., Meerut and Jail Superintendent, Meerut is seriously deprecated because, owing to their negligence, the appellant's application for suspension of sentence could not be considered.

Key takeaways

The case is to be put up fresh on 6.10.2025 along with the appeal of co-accused Hemant, Criminal Appeal No. 3944 of 2025.ratio¶14
Registrar (Compliance) is directed to communicate this order to the S.S.P., Meerut and Jail Superintendent, Meerut for compliance.ratio¶15

Detailed headnote1 paragraphs

Criminal Appeal No. 4646 of 2025 (Rajesh Kumar v. State of U.P.), High Court of Judicature at Allahabad, Arun Kumar Singh Deshwal, J., order dated September 18, 2025 — interim compliance order. The learned A.G.A. reported that he had not received the custody certificate and criminal history of the appellant despite letters dated 21.5.2025 and 7.8.2025 to the S.S.P., Meerut and Jail Superintendent, Meerut. The Court deprecated the conduct of both officers, whose negligence had prevented consideration of the appellant's application for suspension of sentence, and directed them to file personal affidavits by the next date of listing explaining why the State Government should not be asked to initiate appropriate proceedings against them for non-compliance of the Court's order dated 21.5.2025. Registrar (Compliance) was directed to communicate the order, and the case was listed fresh for 6.10.2025 along with co-accused Hemant's Criminal Appeal No. 3944 of 2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 4646 of 2025

Rajesh Kumar

.....Appellant(s)

Versus

State of U.P.

.....Respondent(s)

Counsel for Appellant(s) : Kuldeep Johri
Counsel for Respondent(s) : G.A.

Court No. - 68

HON'BLE ARUN KUMAR SINGH DESHWAL, J.

Heard learned counsel for the appellant and learned A.G.A. for the State.

Learned A.G.A. has submitted that till date he has not received instructions, regarding custody certificate and criminal history of the appellant despite sending letters dated 21.5.2025 and 7.8.2025 to the S.S.P., Meerut and Jail Superintendent, Meerut.

Such conduct on the part of S.S.P., Meerut and Jail Superintendent, Meerut is seriously deprecated because due to their negligence the application for suspension of sentence of the appellant could not be considered.

Therefore, the S.S.P., Meerut and Jail Superintendent, Meerut are directed to file their personal affidavits by the next date of listing, showing as to why direction may not be issued to the State Government to initiate appropriate proceedings against them for non-compliance of the order of this Court dated 21.5.2025, despite receiving repeated letters from the office of Government Advocate, High Court Allahabad.

Put up this case as fresh on 6.10.2025 along with the appeal of co-accused Hemant, being Criminal Appeal No. 3944 of 2025.

Registrar (Compliance) is directed to communicate this order to the S.S.P., Meerut and Jail Superintendent, Meerut for compliance.

September 18, 2025 Vandana

(Arun Kumar Singh Deshwal,J.)

Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad