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Court No. - 18

Case :- APPLICATION U/S 482 No. - 16310 of 2020

Applicant :- Hasae @ Hasana Wae And 11 Others

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Adeel Ahmad Khan

Counsel for Opposite Party :- G.A.

with

Case :- APPLICATION U/S 482 No. - 14919 of 2020

Applicant :- Daha Dasai And 12 Others

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Zaid Arshad,Adeel Ahmad

Khan,Arshad Hamid,Sameer Jain

Counsel for Opposite Party :- G.A.

Hon'ble 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

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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

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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

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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