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2026 DAILYLAW 6706 (ALL)

PUNEET KUMAR v. STATE OF U.P. AND ANOTHER

A227/12567/2026 · 2026-09-10

Vikram D Chauhan

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 12567 of 2026 Court No. - 55 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned counsel for petitioner and learned AGA for the State. 2. The petition is filed with the following prayer: "(i) It is, therefore, Most respectfully prayed that this Hon'ble Court may graciously be pleased to set-aside the Impugned order dated 15.05.2025 passed by the learned Sessions Judge, Court, Bulandshahr in Criminal Misc case No. 360 of 2025, Puneet Kumar Vs. State of U.P., thereby the learned Appellant Court has dismissed the appeal of the appellant for want of prosecution as well as the impugned order dated 28.07.2023 passed by the Additional District Magistrate (Finance), Bulandshahr, in Case no. 835 of 2023, State of U.P. Vs. Puneet Kumar and others, under section 6A of Essential Commodities Act, 1955, Police Station- Khurja Nagar, District- Bulandshahr. (Annexure Nos. 7 and 9 to this Misc. Petition). (ii) And may be pleased to direct the competent authority either to release the aforesaid confiscated total 479 quintal rice in favour of the petitioner or to pay the entire auctioned amount to him forthwith along with the interest of 15% per annum from the date of seizure i.e. 13.03.2023." 3. It is submitted by learned counsel for petitioner that against the order passed under Section 6A of the Essential Commodities Act petitioner has filed an appeal before the appellate court being Sessions Judge, Bulandshahr. The aforesaid appeal was dismissed for non prosecution by order dated 15.5.2025. It is submitted by learned counsel for petitioner that petitioner could not appear before the court as a result of same, appeal was dismissed. Versus Counsel for Petitioner(s) : Ankit Agarval Counsel for Respondent(s) : G.A. Puneet Kumar .....Petitioner(s) State of U.P. and Another .....Respondent(s) 4. Learned AGA has no objection that the appeal was heard on merits. 5. Considering the facts and circumstances of the case, the order dated 15.5.2025 passed by Sessions Judge, Bulandshahr in Criminal Misc Case No.360 of 2025 (Puneet Kumar Vs. State of U.P.), is hereby set aside and the case is restored to it's original number. Petitioner is directed to appear before the Sessions Judge, Bulandshahar on or before 30th September, 2026. In the event, petitioner appears, the case would be heard on merits. In the event petitioner fails to appear, the present order automatically stands recalled. 6. With the aforesaid observation/direction, the petition is disposed of. September 11, 2026 D. Tamang A227 No. 12567 of 2026 2 (Vikram D. Chauhan,J.) Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad