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2021 Supreme(All) 568

IN THE HIGH COURT OF ALLAHABAD
Ajay Bhanot, J.
Hasae @ Hasana Wae And Others - Applicant
Vs.
State of U.P. and Another - Opposite Party
APPLICATION U/S 482 No. - 16310 of 2020
with
APPLICATION U/S 482 No. - 14919 of 2020
Decided On : 05-8-2021

Advocates Appeared:
For the Applicant : Adeel Ahmad Khan
For the Opposite Party : G.A.

Headnote:

Criminal Procedure Code, 1973 - Section 482 - Epidemic Diseases Act,1897 - Section 3 – Charge sheet – Investigation - Matter had acquired certain urgency since most applicants are foreigners - There is also request of Supreme Court to expedite hearing of matter - Matters were connected and placed before me after nomination for first time - Certain impediments were created in hearing of matter which are evident from perusal of order sheet - Lack of assistance and accountability from State side was delaying hearing – Held, Summation inherent powers for summoning of officials or any other person should be exercised as an exceptional measure to achieve high end of securing justice - It is in nature of things that this will always depend on facts and circumstances of case and better judgments Court - Case for reason as stated earlier personal presence of officer was necessitated to retain faith of litigants in judicial process to remove impediments in hearing and for State to account for its actions and omissions - LEGAL Remembrance Department of Law Government of U P was present in Court - Additional Advocate General for State requested that proceedings may be conducted in camera because some confidential facts and documents had to be placed before Court - Proceedings held in camera Department of Law Government U P stated that State Government is cognizant concerns of Court and is committed to principle of accountability - Relevant processes have been initiated - Court was also assured that no impediment will be caused in hearing and that Court shall be assisted with full honesty in matters – Appeal disposed

JUDGMENT :

Ajay Bhanot, J.

1. These Applications U/S 482 Cr.P.C. have been connected and are being decided by a common judgement.

2. The application registered as Application under Section 482 Cr.P.C. No. 16310 of 2020 (Hasae @ Hasana Wae and Others Vs. State of U.P. and another) is directed against the chargesheet dated 07.06.2020 filed by the investigating agency in Case Crime No. 198 of 2020 under Sections 188, 269, 270, 271 I.P.C. and Section 3 of the Epidemic Diseases Act,1897, and Section 14B Foreigners Act, Police Station Sadar Bazar, District Shahjahanpur and the proceedings before the trial court taken out in pursuance thereof.

3. The application registered as Application U/S 482 Cr.P.C. No. 14919 of 2020 (Daha Dasai and Others Vs. State of U.P and another) is directed against the chargesheet dated 10.05.2020 filed by the investigating agency in Case Crime No. 138 of 2020 under Sections 188, 269, 270 I.P.C. and Section 3 of the Epidemic Diseases Act, 1897 and Section 14B of the Foreigners Act, 1946 Police Station Pilkhuwa, District Hapur, against the applicants and the proceedings before the trial court initiated in pursuance thereof.

4. The matter had acquired certain urgency since most of the applicants are foreigners. There is also a request of the Supreme Court to expedite the hearing of the matter. The matters were connected and placed before me after nomination for the first time on 08.06.2021. Certain impediments were created in the hearing of the matter which are evident from the perusal of the ordersheet. Lack of assistance and accountability from the State side was delaying the hearing.

5. Learned counsels for the applicants contended with credibility that the capacity of the judicial process to show that justice will be seen to be done will be impaired in case such conduct goes unnoticed and unaccounted for.

6. When no answer whatsoever was forthcoming from the State side, the Court was compelled to direct the personal appearance of the Principal Secretary/Legal Remembrancer, Department of Law, Government of U.P., Lucknow to explain the stand of the State.

7. The order of summoning was resisted by State counsels, albeit in respectful undertones. Reference to the latest holding of the Supreme Court in point was alluded to. The question being relevant is being decided on its merits.

8. The Allahabad High Court has a history of more than 155 years which predates most constitutional courts in the country. Rectitude of conduct of the judges, adherence to ethical norms by lawyers, and professional achievements which set standards of excellence form the quintessence of its storied reputation and animates the Court even today. The Allahabad High Court has thus earned the abiding trust of the people of the State by dispensing fair and impartial justice and by the probity of conduct of the Bar and the Bench alike.

9. The Bar of this Court was in the frontline of the freedom struggle and the Court has been at the vanguard of protection of rights and liberties of citizens in times of maximum peril.

10. The paradox of the Allahabad High Court is that the unconditional trust of the citizens is its most precious asset but also poses the most pressing challenge. The people of the State of U.P. approach this Court with full confidence and no constraint. The result of the people of the State approaching the Court in huge numbers is the largest docket size in the country. The workload on Judges in the Allahabad High Court is the highest in the country.

11. Unremitting the toil of judges and unsurpassed industry of lawyers has allowed the Court to keep the faith and confidence of the people in its ability to deliver justice.

12. The distant vision of the founding fathers was reflected in the creation of the comity of constitutional courts which included the High Courts of the States and the Supreme Court of India. The High Courts and the Supreme Court have been vested with analogous powers by the Constitution of India. Constitutional auton

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