Allahabad High Court
PUNEET KUMARversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The High Court set aside the order dismissing the appeal for want of prosecution and restored the proceedings.
Summary
Puneet Kumar challenged the dismissal of his appeal against an order passed under Section 6A of the Essential Commodities Act, 1955, which had led to the confiscation of 479 quintals of rice. The appeal before the Sessions Judge, Bulandshahr, was dismissed on the ground of want of prosecution because the petitioner could not appear. He filed a petition under Article 227 of the Constitution seeking to set aside that dismissal and to obtain release of the seized rice or compensation with interest. The High Court held that the dismissal was improper, set aside the order dated 15‑05‑2025, and restored the case to its original number, directing the petitioner to appear before the Sessions Judge by 30 September 2026. The petition was thereafter disposed.
Issues considered
- What is the scope of the High Court's supervisory jurisdiction under Article 227 to set aside a dismissal for want of prosecution?
- Whether the dismissal of the appeal for non‑appearance can be set aside and the proceedings restored.
Legislation cited
- Essential Commodities Act, 1955 — s. 6A
Subjects
- Article 227
- Essential Commodities Act
- Section 6A
- appeal dismissed for want of prosecution
- high court supervisory jurisdiction
- confiscated goods
- restoration of proceedings
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
MATTERS UNDER ARTICLE 227 No. - 12567 of 2026
Puneet Kumar
.....Petitioner(s)
Versus
State of U.P. and Another
.....Respondent(s)
Counsel for Petitioner(s) : Ankit Agarval
Counsel for Respondent(s) : G.A.
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.
A227 No. 12567 of 2026
2
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.
(Vikram D. Chauhan,J.)
September 11, 2026
D. Tamang
Digitally signed by :-
DHIRENDRA TAMANG
High Court of Judicature at Allahabad
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