High Court · 2025

"1. Heard Shri Alok Saxena, learned Counsel for the petitioners and Shri Manish Mishra, learned Additional Chief Standing Counsel for the State.

2. By means of this petition following reliefs have been sought:- "i. to issue a writ order or direction in the nature of mandamus commanding the respondents to delete the e-challans of the petitioners' vehicles for the period 31.12.2016 to 31.12.2021 from e-challan portal in terms of office order dated 02.06.2023 issued by the Transport Commissioner, Uttar Pradesh, Lucknow. ii. to issue a writ order or direction in the nature of mandamus commanding the respondents to grant certificate of fitness, allow transfer of permits, grant renewal of permits and grant new permit to the vehicles of the petitioners pending deletion of e-challans from the e-challan portal. iii. to issue any other writ or order or direction as this Hon'ble Court deem just and proper under the circumstances of the case. iv. to allow the cost of the petition in favour of the petitioners."

3. As regards the relief No.1, we may refer to Section 9 of the Uttar Pradesh Criminal Law (Composition of Offences & Abatement of Trials) (Amendment) Act, 1979 (hereinafter referred to as "Amendment Act, 1979") by which amendments were made in the Motor Vehicles Act, 1939, the same reads as under:- "9. Notwithstanding anything contained in any other law for the time being in force,- (1) the trial of an accused for- (a) an offence punishable under- (i) the Motor Vehicles Act, 1939; or (ii) the Public Gambling Act, 1967, not being an offence punishable under section of that Act or an offence in respect of wagering punishable under section 13 of that Act; or (iii) section 84 of the Police Act, 1861; or (iv) section 160 of the Indian Penal Code, 1860; or (b) any other offence punishable with fine only, or (2) a proceeding under section 107 or section 109 of the Code of Criminal Procedure, 1978, pending before a Magistrate on the date of commencement of this Act from before January 1, 1977 shall abate."

4. The said provision has been amended subsequently several times, one such amendment was made in 2016 by the Uttar Pradesh Criminal Law (Composition of Offences & Abatement of Trials) (Amendment) Act, 2016, which reads as under:- "2. In section 9 of the Uttar Pradesh Criminal law (Composition of Offences and Abatement of Trials) (Amendment) Act, 1979,- (a) in sub-section (1), in clause (a) for sub-clause (i) the following sub-clause substituted, "(i) the Motor Vehicles Act, 1988; or"; namely:- (b) in sub-section (2), for the word and figures "January 1, 1977" the word and figures "January 1, 2013" shall be substituted."

5. Another amendment was made in 2018 by the Uttar Pradesh Criminal law (Composition of Offences and Abatement of Trials) (Amendment) Act, 2017, which was as under:- "THE UTTAR PRADESH CRIMINAL LAW (COMPOSITION OF OFFENCES AND ABATEMENT OF TRIALS) (AMENDMENT) ACT, 2017 (U.P. Act No. 9 of 2018) [As passed by the Uttar Pradesh Legislature] AN ACT further to amend the Uttar Pradesh Criminal Law (Composition of Offences and Abatement IT IS HEREBY enacted in the Sixty-eighth Year of the Republic of India as follows:- Trials) (Amendment) Act,

1. (1) This Act may be called the Uttar Pradesh Criminal Law (Composition of Offences and Abatement (2) It shall extend to the whole of Uttar Pradesh. Trials) (Amendment) Act,

2. In section 9 of the Uttar Pradesh Criminal Law (Composition of Offences and Abatement of Trials) (Amendment) Act, 1979 in sub-section (2) for the word and figures "January 1, 2013" the word and figures "December 31. 2015" shall be substituted."

6. Thereafter, Section 9 of the said Amendment Act, 1979 was further amended vide Uttar Pradesh Criminal Law (Composition of Offences and Abatement of Trials) (Amendment) Act, 2019 as under:- "THE UTTAR PRADESH CRIMINAL LAW (COMPOSITION OF OFFENCES AND ABATEMENT OF TRAILS) (AMENDMENT) ACT, 2019 (U.P. Act no. 21 of 2019) [As passed by the Uttar Pradesh Legislature] AN ACT further to amend the Uttar Pradesh Criminal law (Composition of Offences and Abatement of Trails) (amendment) Act, 1979. IT IS HEREBY enacted in the Seventieth Year of the Republic of India as follows:- 1. (1) This Act may be called the Uttar Pradesh Criminal Law (Composition of Offences and Abatement extend (2) 2. In section 9 of the Uttar Pradesh Criminal Law (Composition of Offences and Abatement of Trails) (Amendment) Act, 1979, in sub-section (2) for the word and 9 figures "December 31, 2015" the word and figures "December 31, 2016" shall be substituted." Trials) (Amendment) Act, the whole of

2019. Pradesh. Uttar It

7. It was further amended vide Uttar Pradesh Criminal Law (Composition of Offences and Abatement of Trials) (Amendment) Act, 2023 as under:- "2. In section 9 of the Uttar Pradesh Criminal Law (Composition of Offences and Abatement of Trials) (Amendment) Act, 1979, in sub-section (2), for the word and figures "December 31, 2016" the word and figures "December 31, 2021" shall be substituted."

8. The contention of the petitioners is that the e-challans were issued in respect of vehicles owned by them during the period 31.12.2016 to 31.12.2021 and details thereof have been mentioned in a chart contained in Annexure No.2. By means of the said amendments, the said e-challans stand abated. In spite of it, the web-portal of the Transport Department of the Government of Uttar Pradesh has not deleted the said e-challans which continued to be reflected thereon.

9. Learned Counsel for the petitioners has invited our attention to Annexure No.1 which is an office order issued by the Transport Commissioner informing the subordinate officials that in view of the aforesaid amendments, the e-challans issued during the period 31.12.2016 to 31.12.2021 are being abated by the Judicial Officers and thereafter, the order says that a list of such abated cases should be obtained from the Courts and consequently, the e-challans should be deleted from the web portal.

10. We are of the opinion that by operation of law quoted hereinabove all these e-challans have abated, therefore, the Courts where such cases are pending need to consign them in the light of the aforesaid provisions.

11. We have also considered the circular issued by the Transport Commissioner dated 27.09.2023, point No.2 of which speaks that such e-challan would be disposed of only after appropriate orders are passed by the Court. By operation of law all these e-challans have abated and the Courts have to consign these matters at their end wherever they are pending. Merely because this has not been done in spite of the amendment of 2023, the petitioners can not be made to suffer as it would be against the legislative intent. A Co-ordinate Bench of this Court at Allahabad had also passed a judgment on 15.05.2024 in Writ A No.7556 of 2024 (Mohammad Yusuf vs. State of U.P. and 2 Others) on similar lines, however, learned Additional Chief Standing Counsel says that some of the challans which have been quashed in the said case are beyond the period mentioned in the amendment referred hereinabove.

12. We, accordingly, direct the Transport Commissioner to delete all such details which may be reflected on the web portal of the Transport Department of Government of Uttar Pradesh pertaining to the e-challans issued against the petitioners during the period 31.12.2016 to 31.12.2021 details of which have been given in Annexure No.2 which are covered by the amendment of 2023 referred hereinabove and the same shall be treated as abated, positively within one month from the date a certified copy of this order is produced before the Transport Commissioner, with information to the Court concerned alongwith a certified copy of this order.

13. The writ petition is allowed in the aforesaid terms.

14. Let a copy of this order be sent to the Registrar General of this Court for placing it before the competent level on the administrative side of the High Court for considering issuance of necessary directions to the Magistrates or other Courts where such e-challans which are covered by the provisions of law referred hereinabove may still be pending so that the same can be consigned as abated, unless such directions have already been issued." Learned Standing Counsel could not dispute this fact. We therefore, dispose of this petition in terms of the aforesaid judgment, meaning thereby, the petitioner shall be entitled to the benefit of the observations / directions contained in the said judgment with a corresponding obligation. Order Date :- 7.7.2025 Lokesh Kumar [Om Prakash Shukla, J.] [Rajan Roy, J.] LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench

"1. Heard Shri Alok Saxena, learned Counsel for the petitioners and Shri Manish Mishra, learned Additional Chief Standing Counsel for the State.

2. By means of this petition following reliefs have been sought:- "i. to issue a writ order or direction in the nature of mandamus commanding the respondents to delete the e-challans of the petitioners' vehicles for the period 31.12.2016 to 31.12.2021 from e-challan portal in terms of office order dated 02.06.2023 issued by the Transport Commissioner, Uttar Pradesh, Lucknow. ii. to issue a writ order or direction in the nature of mandamus commanding the respondents to grant certificate of fitness, allow transfer of permits, grant renewal of permits and grant new permit to the vehicles of the petitioners pending deletion of e-challans from the e-challan portal. iii. to issue any other writ or order or direction as this Hon'ble Court deem just and proper under the circumstances of the case. iv. to allow the cost of the petition in favour of the petitioners."

3. As regards the relief No.1, we may refer to Section 9 of the Uttar Pradesh Criminal Law (Composition of Offences & Abatement of Trials) (Amendment) Act, 1979 (hereinafter referred to as "Amendment Act, 1979") by which amendments were made in the Motor Vehicles Act, 1939, the same reads as under:- "9. Notwithstanding anything contained in any other law for the time being in force,- (1) the trial of an accused for- (a) an offence punishable under- (i) the Motor Vehicles Act, 1939; or (ii) the Public Gambling Act, 1967, not being an offence punishable under section of that Act or an offence in respect of wagering punishable under section 13 of that Act; or (iii) section 84 of the Police Act, 1861; or (iv) section 160 of the Indian Penal Code, 1860; or (b) any other offence punishable with fine only, or (2) a proceeding under section 107 or section 109 of the Code of Criminal Procedure, 1978, pending before a Magistrate on the date of commencement of this Act from before January 1, 1977 shall abate."

4. The said provision has been amended subsequently several times, one such amendment was made in 2016 by the Uttar Pradesh Criminal Law (Composition of Offences & Abatement of Trials) (Amendment) Act, 2016, which reads as under:- "2. In section 9 of the Uttar Pradesh Criminal law (Composition of Offences and Abatement of Trials) (Amendment) Act, 1979,- (a) in sub-section (1), in clause (a) for sub-clause (i) the following sub-clause substituted, "(i) the Motor Vehicles Act, 1988; or"; namely:- (b) in sub-section (2), for the word and figures "January 1, 1977" the word and figures "January 1, 2013" shall be substituted."

5. Another amendment was made in 2018 by the Uttar Pradesh Criminal law (Composition of Offences and Abatement of Trials) (Amendment) Act, 2017, which was as under:- "THE UTTAR PRADESH CRIMINAL LAW (COMPOSITION OF OFFENCES AND ABATEMENT OF TRIALS) (AMENDMENT) ACT, 2017 (U.P. Act No. 9 of 2018) [As passed by the Uttar Pradesh Legislature] AN ACT further to amend the Uttar Pradesh Criminal Law (Composition of Offences and Abatement IT IS HEREBY enacted in the Sixty-eighth Year of the Republic of India as follows:- Trials) (Amendment) Act,

1. (1) This Act may be called the Uttar Pradesh Criminal Law (Composition of Offences and Abatement (2) It shall extend to the whole of Uttar Pradesh. Trials) (Amendment) Act,

2. In section 9 of the Uttar Pradesh Criminal Law (Composition of Offences and Abatement of Trials) (Amendment) Act, 1979 in sub-section (2) for the word and figures "January 1, 2013" the word and figures "December 31. 2015" shall be substituted."

6. Thereafter, Section 9 of the said Amendment Act, 1979 was further amended vide Uttar Pradesh Criminal Law (Composition of Offences and Abatement of Trials) (Amendment) Act, 2019 as under:- "THE UTTAR PRADESH CRIMINAL LAW (COMPOSITION OF OFFENCES AND ABATEMENT OF TRAILS) (AMENDMENT) ACT, 2019 (U.P. Act no. 21 of 2019) [As passed by the Uttar Pradesh Legislature] AN ACT further to amend the Uttar Pradesh Criminal law (Composition of Offences and Abatement of Trails) (amendment) Act, 1979. IT IS HEREBY enacted in the Seventieth Year of the Republic of India as follows:- 1. (1) This Act may be called the Uttar Pradesh Criminal Law (Composition of Offences and Abatement extend (2) 2. In section 9 of the Uttar Pradesh Criminal Law (Composition of Offences and Abatement of Trails) (Amendment) Act, 1979, in sub-section (2) for the word and 9 figures "December 31, 2015" the word and figures "December 31, 2016" shall be substituted." Trials) (Amendment) Act, the whole of

2019. Pradesh. Uttar It

7. It was further amended vide Uttar Pradesh Criminal Law (Composition of Offences and Abatement of Trials) (Amendment) Act, 2023 as under:- "2. In section 9 of the Uttar Pradesh Criminal Law (Composition of Offences and Abatement of Trials) (Amendment) Act, 1979, in sub-section (2), for the word and figures "December 31, 2016" the word and figures "December 31, 2021" shall be substituted."

8. The contention of the petitioners is that the e-challans were issued in respect of vehicles owned by them during the period 31.12.2016 to 31.12.2021 and details thereof have been mentioned in a chart contained in Annexure No.2. By means of the said amendments, the said e-challans stand abated. In spite of it, the web-portal of the Transport Department of the Government of Uttar Pradesh has not deleted the said e-challans which continued to be reflected thereon.

9. Learned Counsel for the petitioners has invited our attention to Annexure No.1 which is an office order issued by the Transport Commissioner informing the subordinate officials that in view of the aforesaid amendments, the e-challans issued during the period 31.12.2016 to 31.12.2021 are being abated by the Judicial Officers and thereafter, the order says that a list of such abated cases should be obtained from the Courts and consequently, the e-challans should be deleted from the web portal.

10. We are of the opinion that by operation of law quoted hereinabove all these e-challans have abated, therefore, the Courts where such cases are pending need to consign them in the light of the aforesaid provisions.

11. We have also considered the circular issued by the Transport Commissioner dated 27.09.2023, point No.2 of which speaks that such e-challan would be disposed of only after appropriate orders are passed by the Court. By operation of law all these e-challans have abated and the Courts have to consign these matters at their end wherever they are pending. Merely because this has not been done in spite of the amendment of 2023, the petitioners can not be made to suffer as it would be against the legislative intent. A Co-ordinate Bench of this Court at Allahabad had also passed a judgment on 15.05.2024 in Writ A No.7556 of 2024 (Mohammad Yusuf vs. State of U.P. and 2 Others) on similar lines, however, learned Additional Chief Standing Counsel says that some of the challans which have been quashed in the said case are beyond the period mentioned in the amendment referred hereinabove.

12. We, accordingly, direct the Transport Commissioner to delete all such details which may be reflected on the web portal of the Transport Department of Government of Uttar Pradesh pertaining to the e-challans issued against the petitioners during the period 31.12.2016 to 31.12.2021 details of which have been given in Annexure No.2 which are covered by the amendment of 2023 referred hereinabove and the same shall be treated as abated, positively within one month from the date a certified copy of this order is produced before the Transport Commissioner, with information to the Court concerned alongwith a certified copy of this order.

13. The writ petition is allowed in the aforesaid terms.

14. Let a copy of this order be sent to the Registrar General of this Court for placing it before the competent level on the administrative side of the High Court for considering issuance of necessary directions to the Magistrates or other Courts where such e-challans which are covered by the provisions of law referred hereinabove may still be pending so that the same can be consigned as abated, unless such directions have already been issued." Learned Standing Counsel could not dispute this fact. We therefore, dispose of this petition in terms of the aforesaid judgment, meaning thereby, the petitioner shall be entitled to the benefit of the observations / directions contained in the said judgment with a corresponding obligation. Order Date :- 7.7.2025 Lokesh Kumar [Om Prakash Shukla, J.] [Rajan Roy, J.] LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench