Manish Gupta vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

Manish Gupta vs State of U.P. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief: till the next date of listing (27.1.2026), the effect and operation of the order dated 2.2.2024 issuing a bailable warrant against the applicant is kept in abeyance; verification report from the learned District Judge, Kanpur Nagar regarding Annexure no. 7 is directed; matter to be listed fresh on 27.1.2026. Final decision on the application deferred.

Issue for consideration

Whether the certified copy of the order dated 9.8.2019 appended as Annexure no. 7 is the same as the order existing on the original record, to be verified by the learned District Judge, Kanpur Nagar. +2 more

Court's answer

The learned District Judge, Kanpur Nagar is directed to verify from the original records whether the order dated 9.8.2019 passed under Section 190 Cr.P.C. is the same one which is appended as Annexure no. 7, and compliance is to be reported through Registrar (Compliance) on or before the next date.

Ratio / Principle

Till the next date of listing, the effect and operation of the order dated 2.2.2024, through which a bailable warrant was issued against the applicant, is kept in abeyance.

Key takeaways

Registrar (Compliance) is directed to ensure service of the order upon the learned District Judge, Kanpur Nagar within 48 hours, place the compliance on record, and the matter is to be put up fresh on 27.1.2026.ratio¶¶11

Detailed headnote1 paragraphs

Allahabad High Court, Court No. 75 (Saurabh Srivastava, J.) — Application under Section 528 BNSS No. - 44968 of 2025 (Manish Gupta v. State of U.P. and Another), decided January 9, 2026: interim order on a challenge to a cognizance order dated 9.8.2019 of the Additional Civil Judge (Senior Division), Court no. 6, Kanpur Nagar, which mentioned no section of law, named no person summoned, and at the end mentioned that the court is vacant. The Court directed the learned District Judge, Kanpur Nagar to verify from the original records whether the order dated 9.8.2019 passed under Section 190 Cr.P.C. is the same one appended as Annexure no. 7 (pages 64 to 65), compliance to be reported through Registrar (Compliance); Registrar (Compliance) to ensure service of the order upon the District Judge within 48 hours; matter to be put up fresh on 27.1.2026; till then, the effect and operation of the order dated 2.2.2024 issuing a bailable warrant against the applicant kept in abeyance.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 44968 of 2025

Manish Gupta

.....Applicant(s)

Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) :	Atul Kumar, Vikas Dixit
Counsel for Opposite Party(s) :	G.A.

Court No. - 75

HON'BLE SAURABH SRIVASTAVA, J.

Heard learned counsel for the parties.

The instant application has been preferred for challenging order dated 9.8.2019 through which cognizance of offence has been taken up and certified copy of the order dated 9.8.2019 has been appended as Annexure no. 7 available at page no. 64 to 65. The folio of the certified copy of the order dated 9.8.2019 is reflecting copy of the cognizance of order, whereas in cognizance order dated 9.8.2019 signed by learned Additional Civil Judge (Senior Division), Court no. 6, Kanpur Nagar, no section has been mentioned in which cognizance of offence has been taken up and also the court concerned failed to mention any name who has been summoned in pursuance to the same, moreover at the end, it is mentioned that court is vacant.

Learned District Judge, Kanpur Nagar is hereby directed to verify from the original records that whether the order dated 9.8.2019 passed under Section 190 Cr.P.C. is the same one which is appended as Annexure no. 7 to the instant application and the same has been sought through requesting for providing certified copy of the same by the applicant. Be that as it may, be reported through Registrar (Compliance) on or before the next date.

Registrar (Compliance) is directed to ensure service of this order upon learned District Judge, Kanpur Nagar within 48 hours and after seeking compliance of the order as directed above the same may be placed in the

NA528 No. 44968 of 2025

2

record.

Put up as fresh on 27.1.2026.

Till the next date of listing, effect and operation of the order dated 2.2.2024 through which bailable warrant has been issued against the applicant shall be kept in abeyance .

(Saurabh Srivastava,J.)

January 9, 2026

Shaswat

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