Sandeep Kumar Thru. His Aunt Sarita Singh and another … v. State of U.P. Thru. Secy. Home Deptt. Lko. and 3 others on 04 Dec 2025

Judgment

1. On 18.11.2025 and 28.11.2025, following orders were passed:- Order dated 18.11.2025: On 17.11.2025, following order was passed:-

"1. "1. Learned counsel for the applicants submitted that applicants have been falsely implicated in the present case, however, when this fact came into the notice of the applicants, they immediately moved the application for surrender before the FTC/ Senior Divison, Sultanpur dealing with the matters related to the concerned police station. It is further submitted that on the said application dated 07.11.2025, an order was passed for calling report from the concerned police station and matter was listed on 14.11.2025, but till today report has not been furnished by the SHO of the concerned police station. It is also informed the matter was listed today, but due to non availability of the Presiding Officer, the case was transferred to another Court and again on the request of Prosecuting Officer, some date has been fixed.

2. Learned A.G.A. on the basis of the telephonic instructions obtained from the SHO of concerned police station submitted that the copy of the surrender application was not served on the concerned 'Court Moharrir' and same has not been received in the police station.

3. Put up tomorrow, i.e., 18.11.2025 at 11:30 PM. Superintendent of Police, Amethi be connected through video conferencing to explain that why the appropriate instructions were not furnished by the SHO of the concerned police station in pursuance of the order passed by the FTC/ 2 NA528 No. - 1861 of 2025 Senior Division, Sultanpur and also send a comprehensive instructions by a responsible officer.

4. In the meantime, Shri Vijay Dixit, learned special counsel for High Court shall also seek instructions from the concerned District Judge that under what circumstances effective orders have not been passed when the SHO of concerned police station failed to submit the report despite a clear order passed by concerned Court 5. Let a copy of the petition be also handed over to Shri Vijay Dixit learned Special Counsel for the High Court. " on 07.11.2025.

2. Dr. V.K. Singh, learned Government Advocate placed letter dated 17.11.2025 passed by Ms. Aparna Kaushik, Superintendent of Police, Amethi and admitted that there was some negligence on the part of the officials and enquiry has been ordered and the inquiry report will be submitted to the officer who is present through video conferencing.

3. Mr. Vijay Dixit, Special Counsel for High Court also placed a letter dated 17.11.2025 issued by presiding officer and informed that surrender application was placed on 07.11.2025 and thereafter order was passed by the calling a report from the concerned Police Station by listing the case on 14.11.2025 and on 14.11.2025 one application was placed on behalf of Police Station Gauriganj and requested for some more time to provide relevant instructions. Thereafter matter was listed on 17.11.2025 and again on 17.11.2025, neither the report was placed nor any application was placed before the competent Court. As a result on 17.11.2025 explanation was called from the concerned Station House Officer. The relevant letters placed by Dr. V.K. Singh, learned Government Advocate as well as Mr. Vijay Dixit, Special Counsel for High Court are taken on record.

4. S.P., Amethi is also connected through video conferencing and informed that the relevant instructions have already been furnished to the Court concerned and also informed that the inquiry has been ordered and requested for some time.

5. It is also informed that the matter is listed before the competent Court tomorrow, i.e., on 19.11.2025.

6. List this case on 26.11.2025 at 11:30 A.M.

7. By the next date of listing, S.P., Amethi is directed to file personal affidavit annexing the enquiry report and the action taken against the erring officers. 8. Director General, Prosecution is further directed to ensure that every prosecuting officer deputed in the trial Courts shall ensure that the relevant instructions be furnished to the Court promptly after taking the same from the concerned Police Station.

9. Senior Registrar of this Court is directed to communicate this order to the Director General Prosecution, Government of U.P. as well as Principal Secretary, Department of Home, Government of U.P. for necessary action." 3 NA528 No. - 1861 of 2025 Order dated 28.11.2025: "1. Learned AGA says that he has received complete instructions in the matter and he may be granted some reasonable time to place the same on record by way of an affidavit.

2. In view of above, list/put up this case on 04.12.2025 in terms of earlier order of the Court, as per which the case was/is to be fixed at 11.30 A.M."

2. In pursuance of earlier order, learned A.G.A. has filed affidavit duly sworn by Mr. Ram Anil, Senior Prosecuting Officer at Government Advocate Office, Lucknow, which is taken on record.

3. Sri Piyush Kumar Singh, learned A.G.A. submits that necessary order vide Letter No. पाँच-1-(cid:5)(cid:6)ट-85-2025/4649/2025 dated 26.11.2025 has been passed by Director General, Prosecution, U.P. with the direction that all the Prosecuting Officers posted in different Courts shall ensure that relevant instructions from the concerned police station be placed before the Courts promptly.

4. The aforesaid letter dated 26.11.2025 is being reproduced as under:- 4 NA528 No. - 1861 of 2025

5. It is evident from the Annexure No.3 of the aforesaid affidavit that necessary direction has already been issued to Joint Director, Prosecution, Sultanpur by Director General of Prosecution, Lucknow for submission of necessary report for the negligence of the concerned Prosecuting Officer.

6. Accordingly, this Court is of the view that the aforesaid affidavit is satisfactory.

7. Consigned to record. December 04, 2025 Arpan (Rajeev Singh,J.) ARPAN High Court of Judicature at Allahabad, Lucknow Bench