Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 37472 (ALL)

ARUN KUMAR SINGH v. STATE OF U.P. AND 3 OTHERS

WRIA/4229/2025 · 2025-04-06

Anjani Kumar Mishra, Jayant Banerji

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 Neutral Citation No. - 2025:AHC:49235-DB Court No. - 3 Case :- WRIT - A No. - 4229 of 2025 Petitioner :- Arun Kumar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anand Kumar Gupta Counsel for Respondent :- C.S.C. Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J. 1. Heard counsel for the petitioner and learned Standing Counsel for the State. 2. As many as 22 challans issued against the petitioner’s vehicles are impugned in the writ petition. 3. It is submitted by counsel for the petitioner 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 It appears that thereafter the aforesaid ordinance has been replaced by the Uttar Pradesh Criminal Law (Composition of Offences & Abatement of Trial) (Amendment) Act, 2023 which was notified and published on 21.8.2023.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 does not dispute this legal position in the context of the arguments. 5. We have examined 22 challans which are impugned in the 2 writ petition and we find that the copies of the four challans at serial no. 16, 20, 21, 22 (Challan nos. UP503220817075915, UP25227201027092250, UP41480200315192455, UP32993200113180837) mentioned in paragraph no. 11 of the writ petition has not been filed, therefore, no relief can be granted in that regard. Two challans at serial no. 7 and 19 (Challan nos. UP892220522114140, UP935221005180937), they do not pertain to overloading as the Government Order, which is the basis of the claim in the writ petition, does pertain only to the cases relating overloading. Therefore, no relief can be granted to these challans either. As regards the one challan at serial no. 8 (Challan no. UP945220529173209), the date of the challan is available, however, the date of the incident is not available and therefore, it cannot be determined as to whether this challan would come under the ambit of the Government Order, therefore, no relief can be granted even to this challan also. Rest of the challans which are not disputed at serial no. 1, 2, 3, 4, 5, 6, 9, 10, 11, 12, 13, 14, 15, 17, 18 which find mention in the paragraph no. 11 of the writ petition, are of 2016 to 31.12.2021. 6. The challans mentioned at serial nos. 1, 2, 3, 4, 5, 6, 9, 10, 11, 12, 13, 14, 15, 17, 18 in paragraph no. 11 of the petition are as follows:- Sl.No. Challan No. Remark date by Toll Plaza Challan Date. Challan Amount 1. UP941200528190914 …………. 28.05.2020 25,000/- 2. UP945200805225147 …………. 05.08.2020 15,000/- 3. UP501200827082611 29.06.2020 27.08.2020 40,500/- 4. UP500210102161119 09.11.2020 02.01.2021 32,500/- 5. UP566220327213108 05.01.2022 27.03.2022 34,500/- 6. UP571220330154111 29.12.2021 30.03.2022 64,500/- 9. UP944220629090320 12.12.2020 29.06.2022 36,000/- 3 10. UP944220705171139 14.12.2020 05.07.2022 34,000/- 11. UP944220711093909 16.12.2020 11.07.2022 64,000/- 12. UP503220727091424 18.12.2020 27.07.2022 54,000/- 13. UP503220805170621 22.12.2020 05.08.2022 38,000/- 14. UP50320807180813 23.12.2020 07.08.2022 46,000/- 15. UP50322014152911 25.12.2020 14.08.2022 46,000/- 17. UP503220822053239 29.12.2020 22.08.2022 64,000/- 18. UP500220902082840 01.01.2021 02.09.2022 1,90,000/- The aforesaid challans, being covered by the notification relied upon by the petitioner, are quashed and the writ petition in their regard is allowed. 7. The petition in respect of the challans mentioned at serial nos. 7, 8, 16, 19, 20, 21, 22 in paragraph no. 5 hereinabove, is hereby dismissed. 8. The writ petition is allowed in part to the extent indicated above. Order Date :- 7.4.2025 A. V. Singh Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad