In a miscellaneous application under Section 482 Cr.P.C. seeking reduction of court costs, the single-judge bench reduced the imposed amount to Rs. 25,000 without reviewing the order on merits.
Cost imposed reduced to Rs. 25,000 to be deposited by the applicant within two weeks.
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Court No. - 69
Case :- APPLICATION U/S 482 No. - 2972 of 2023
Applicant :- Devendra Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
List revised.
Heard Sri Manoj Kumar Srivastava, learned counsel for the applicant and Sri B.B. Upadhyay, learned counsel for the State and perused the material brought on record.
The present application U/S 482 Cr.P.C. has been filed by the applicant- Devendra Kumar with the following prayer:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application quash the order dated 18.11.2022 passed by Principal Judge, Family Court, Kannauj in Case No. 96/12/2021 (Devendra Kumar Vs. Smt. Seema Devi), under Section 126 (2) Cr.P.C., Police Station Talgram, District Kannauj.
It is further prayed that this Hon'ble Court may graciously be pleased to stay the effect and operation of impugned order dated 18.11.2022 passed by Principal Judge, Family Court, Kannauj in Case No. 96/12/2021 (Devendra Kumar Vs. Smt. Seema Devi), under Section 126 (2) Cr.P.C., Police Station Talgram, District Kannauj, during the pendency of the present Criminal Misc. Application.
And / or pass such other and further order as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case."
Learned counsel for the applicant submits that he confines his argument only to the issue that the cost as imposed upon him by the impugned order dated 18.11.2022 be reduced to Rs. 10,000/- and he does not challenge the said order on merits. It is argued that if the cost is reduced, he shall be depositing the same within two weeks from today.
Learned counsel for the State states that since the trial court has ordered the amount of cost to be paid to the opposite party no.2 / Smt. Seema Devi within 15 days of its payment, reducing it to Rs. 10,000/- would not be in the fitness of things, it may be reduced to some reasonable amount and for that he would have no objection.
After hearing the learned counsel for the parties and perusing the records, it is evident that challenge of the order impugned dated 18.11.2022 is not on merits as per learned counsel for the applicant but the only submission is of reducing the amount of cost of Rs. 35,000/- as imposed to Rs. 10,000/- and since the
trial court has ordered the cost to be paid to the opposite party no.2 / Smt. Seema Devi, reducing it to such an extent would not be in the fitness of things, as such the cost as imposed Rs. 35,000/- is reduced to Rs. 25,000/- which shall be paid by the applicant within two weeks before the concerned trial court subject to further decision of trial court after which the order shall continue to operate as has been passed.
The applicant is directed to deposit Rs. 25,000/- as cost before the trial court within two weeks from today after which the trial court shall be at liberty to proceed with the matter as per its order dated 18.11.2022.
In view of the above, the petition stands disposed of.
Order Date :- 7.2.2023 AS Rathore
(Samit Gopal,J.)
Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad
Devendra Kumar
State of U.P.
Samit Gopal
As recorded by the court registry
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