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2025 DAILYLAW 17399 (ALL)

PUSHPENDRA SINGH SENGAR v. THE STATE OF UTTAR PRADESH AND 2 OTHERS

WRIA/2063/2025 · 2025-02-17

Anjani Kumar Mishra, Jayant Banerji

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:23086-DB Court No. - 3 Case :- WRIT - A No. - 2063 of 2025 Petitioner :- Pushpendra Singh Sengar Respondent :- The State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- Osama Qamar Siddiqui,Qamrul Hasan Siddiqui Counsel for Respondent :- C.S.C. Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J. 1. Heard counsel for the petitioners and learned Standing Counsel for the State. 2. As many as 06 challans issued against the petitioners on account of overloading of vehicles are impugned in the writ petition. 3. It is submitted by counsel for the petitioners that the Uttar Pradesh Criminal Law (Composition of Offences and Abatement of Trials) (Amendment) Ordinance, 2023 amends Section 9 of the Act, 1979 in sub- section (2) and for the word and figures "December 31, 2016" have been substituted by "December 31, 2021". It appears that thereafter the aforesaid ordinance has been replaced by the Uttar Pradesh Criminal Law (Composition of Offences & Abatement of Trial) (Amendment) Act, 2023 which was notified and published on 21.8.2023. This amendment is not disputed by the State. As a result of the notification, all traffic challans issued during the period from 31.12.2016 to 31.12.2021, which are pending consideration before the Court would be abated. 4. Learned Standing Counsel has not been able to dispute the afore-noted submission made by learned counsel for the petitioner. 6. We have examined 06 challans which are impugned in the writ petition and we find that the challans at serial nos.1 to 6 which find mention in the relief clause of the petition, are of 18.5.2020 to 23.8.2022. 7. The challans mentioned at serial nos. 1 to 6 in the relief clause of the petition are as follows:- Sl. No. Challan No. Challan Date. Challan Name. Challan Amount 1. UP500200519203657 18.05.2020 Pushpendra Singh 30,000 1 of 2 2. UP52815200609090142 09.06.2020 Pushpendra Singh 44,000 3. UP502201208104600 08.12.2020 Pushpendra Singh 50,000 4. UP5867211123034424 23.11.2021 Pushpendra Singh 62,750 5. UP503220727094636 27.07.2022 Pushpendra Singh 44,000 6. UP500220823232318 23.08.2022 Pushpendra Singh 54,000 8. The aforesaid challans, being covered by the notification relied upon by the petitioners, are quashed and the writ petition is allowed. Order Date :- 18.2.2025 Irshad 2 of 2 Digitally signed by :- IRSHAD AHMAD SIDDIQUI High Court of Judicature at Allahabad