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2025 DAILYLAW 145943 (ALL)

UMESH CHANDRA VERMA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

CRLA/1791/2025 · 2025-07-17

Rajnish Kumar

Criminal Appealbody2025

Judgment text

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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