SHIV PRATAP SINGH v. THE STATE OF U.P. AND 4 OTHERS
WRIA/5823/2026 · 2026-04-22
Prakash Padia
body2026
DailyLaw.ai
[ 2026 DAILYLAW 1127 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1127 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 5823 of 2026 Court No. - 6 HON'BLE PRAKASH PADIA, J.
1. 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.
2. 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.
3. 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.
4. Heard learned counsel for the parties and perused the record.
5. 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. Versus Counsel for Petitioner(s) : Ujjawal Dixit Counsel for Respondent(s) : C.S.C. Shiv Pratap Singh .....Petitioner(s) The State Of U.P. And 4 Others .....Respondent(s)
6. 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.
7. 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. April 23, 2026 saqlain WRIA No. 5823 of 2026 2 (Prakash Padia,J.) Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad