Shiv Pratap Singh Vs the State of U.P. and 4 Others — Allahabad HC (2026) — LawSathi Research

Shiv Pratap Singh Vs the State of U.P. and 4 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition allowed: order dated 31.01.2026 of respondent No.4/Deputy Inspector General of Police, Kanpur Range, Kanpur quashed; petitioner to deposit Rs.1000/- with the High Court Bar Association, Allahabad/Prayagraj and place the receipt before respondent No.4 within three weeks, whereupon the statutory appeal shall be revived and decided on merits in accordance with law, preferably within three months of production of the certified copy of the order.

Issue for consideration

Whether the order dated 31.01.2026 rejecting the petitioner's statutory appeal as time-barred on the ground of laches should be set aside and the small delay condoned, permitting the appeal to be decided on merits.

Court's answer

The laches in filing the statutory appeal is very small and was not made deliberately or wilfully; the valuable right of the petitioner to filing and hearing of the statutory appeal cannot be curtailed only on the ground of laches.

Ratio / Principle

The order dated 31.01.2026 passed by respondent No.4/Deputy Inspector General of Police, Kanpur Range, Kanpur rejecting the statutory appeal is liable to be set aside and is quashed.

Key takeaways

Conditional relief: the petitioner is permitted to deposit Rs.1000/- in the High Court Bar Association, Allahabad/Prayagraj and place the receipt before respondent No.4 within three weeks; on doing so, respondent No.4 shall revive the statutory appeal and decide it strictly in accordance with law on merits, most expeditiously and preferably within three months from production of the certified copy of the order.ratio¶18

Detailed headnote1 paragraphs

Service law - Statutory appeal against order of punishment dated 15.07.2025 passed by Superintendent of Police, Fatehgarh rejected by Deputy Inspector General of Police, Kanpur Range, Kanpur vide order dated 31.01.2026 solely on the ground of laches - Delay small (punishment order received 27.07.2025; appeal filed 01.01.2026) and neither deliberate nor wilful - Valuable right of the petitioner to filing and hearing of statutory appeal cannot be curtailed only on the ground of laches - Impugned order quashed - Appeal directed to be revived on deposit of Rs.1000/- with the High Court Bar Association, Allahabad/Prayagraj, receipt to be placed before respondent No.4 within three weeks - Respondent No.4 to decide the appeal on merits in accordance with law, preferably within three months of production of certified copy of the order.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - A No. - 5823 of 2026

Shiv Pratap Singh

.....Petitioner(s)

Versus

The State Of U.P. And 4 Others

Counsel for Petitioner(s)	: Ujjawal Dixit .....Respondent(s)
Counsel for Respondent(s)	: C.S.C.

Court No. - 6

HON'BLE PRAKASH PADIA, J.

Against the order of punishment dated 15.07.2025 passed by the respondent No.5/Superintendent of Police, Fatehgarh, statutory appeal was filed by the petitioner before the respondent No.4/Deputy Inspector General of Police, Kanpur Range, Kanpur which was rejected by him vide order dated 31.01.2026 on the ground of latches.

It is argued by learned counsel for the petitioner that the order passed by the respondent No.5 was received by the petitioner on 27.07.2025 but due to bona fide reasons which were not in the control of the petitioner, appeal could not be preferred within the prescribed period and the same has been filed on 01.01.2026. It is argued that delay is very small and in the case of statutory appeal/revision the law is well settled that the small delay shall be condoned by imposing some cost.

On the other hand, it is argued by learned Standing Counsel that the order impugned has rightly been passed by the respondent No.4 rejecting the time barred appeal filed by the petitioner.

Heard learned counsel for the parties and perused the record.

From perusal of the record, it is clear that against the order of punishment, statutory appeal has been filed by the petitioner which was rejected by the respondent No.4 on the ground of latches but the latches is very small and the same has not been made deliberately or willfully. Law is well settled that valuable right of the petitioner of filing and hearing of statutory appeal could not be curtailed only on the ground of latches.

WRIA No. 5823 of 2026

2

In this view of the matter, order dated 31.01.2026 passed by respondent No.4/Deputy Inspector General of Police, Kanpur Range, Kanpur is liable to be set aside and same is hereby quashed.

The petitioner is permitted to deposit a sum of Rs.1000/- in the High Court Bar Association, Allahabad/Prayagraj and place the receipt before the respondent No.4/Deputy Inspector General of Police, Kanpur Range, Kanpur within three weeks from today along with certified copy of this order. In case, the petitioner does so, the respondent No.4 will revive the aforesaid appeal and decide the same strictly in accordance with law on merits most expeditiously and preferably within a period of three months from the date of production of certified copy of this order.

(Prakash Padia,J.)

April 23, 2026 saqlain

Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad