Allahabad High Court
VINOD JAISWAL @ VINOD KUMAR JAISWALversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The High Court declined to quash the Gram Nyayalaya’s orders and directed the prosecution to produce the witness within a month and complete the trial within six months.
Summary
The petitioner, Vinod Jaiswal, filed a petition under Article 227 seeking to quash orders dated 07.07.2026 and 14.07.2026 passed by the Gram Nyayalaya, Kerakat, on a criminal case (Sections 323, 504, 506 IPC) alleging that the prosecution had failed to produce its key witness, Dr. A.P. Singh, despite a non‑bailable warrant. The petitioner argued that the failure to produce the witness amounted to unfair prosecution and warranted setting aside the proceedings. The State, through the learned Additional Government Advocate, assured that Dr. Singh would be produced within a month. The court, noting the assurance and the lack of objection from the accused’s counsel, declined to quash the orders and instead directed the prosecution to produce the witness within a month, record his statement, allow cross‑examination, and complete the trial within six months. The petition was consequently disposed of.
Issues considered
- Whether the orders of the Gram Nyayalaya should be quashed on the ground that the prosecution failed to produce a key witness despite a non‑bailable warrant.
- Whether the supervisory jurisdiction of the High Court under Article 227 permits setting aside the lower court’s proceedings in such circumstances.
Legislation cited
- Constitution of India — s. Article 227
- Indian Penal Code — s. 323, 504, 506
Subjects
- Article 227
- supervisory jurisdiction
- Gram Nyayalaya
- quash order
- prosecution witness
- non‑bailable warrant
- IPC 323
- IPC 504
- IPC 506
- fair trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 10251 of 2026
Vinod Jaiswal @ Vinod Kumar Jaiswal
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Ashish Srivastava
Counsel for Respondent(s) : Ashish Kumar Dubey, G.A., Rakesh
Kumar Pandey
Court No. - 55
HON'BLE VIKRAM D. CHAUHAN, J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the
State.
2. The petition is filed with the following prayer:-
"I) An order or direction to quash impugned orders dated 07.07.2026 &
14.07.2026 passed by Gram Nyayalaya, Tehsil Kerakat, District Jaunpur
in Case No. 121/2020 (State Vs Nadeem), pending before him, in
pursuance of Case Crime No. 1392 of 2016, Under Section 323, 504 &
506 IPC, P.S. Kerakat, District Jaunpur.
II) Issue a judgment, order or direction, directing to quash the entire
proceeding of Case No. 121/2020 (State Vs Nadeem), pending before
Gram Nyayalaya, Kerakat, District Jaunpur, Case Crime No. 1392 of
2016, Under Section 323, 504 & 506 IPC, P.S. Kerakat, District Jaunpur.
"
3. Learned counsel for the petitioner submits that petitioner is the
informant and prosecution witness Dr. A.P. Singh was not produced by
the prosecution despite non-bailable warrant issued. Learned counsel for
the petitioner further submits that non-bailable warrant was not executed
and as such court concerned by order dated 7.7.2026 and 14.7.2026
passed by the Gram Nyayalaya has closed the opportunity. Learned
counsel for the petitioner further submits that closing of opportunity of
the prosecution witness would result in unfair prosecution.
A227 No. 10251 of 2026
2
4. At this stage, learned A.G.A. for the State on instructions submits that
Dr. A.P. Singh, who is the prosecution witness, would be produced before
the trial court court within one month from today.
5. Sri Rakesh Kumar Pandey, learned counsel for the accused-respondent
no. 2 has no objection.
6. In view of the aforesaid, one last opportunity is granted to the
prosecution to produce Dr. A.P. Singh before the court concerned on the
next date or within one month from today whose statement shall be
recorded by the prosecution and cross examination would be permitted
and trial would be completed within a period of six months.
7. With the aforesaid observation/direction, the petition is disposed of.
8. A copy of this order shall be sent by learned A.G.A. for the State to the
Director Prosecution as well as Dr. A.P. Singh through the prosecution.
(Vikram D. Chauhan,J.)
September 21, 2026
VMA
Digitally signed by :-
VISHWA MOHAN ARORA
High Court of Judicature at Allahabad
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