Vijay Prakash Verma Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2024) — LawSathi Research

Vijay Prakash Verma Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of leaving it open to the applicant to file an appropriate application before the appellate court for reduction of the fine amount to deposit; if such an application is filed within 10 days along with a certified copy of the order, the appellate court to decide it in accordance with law within 4 weeks, provided there is no legal impediment, after hearing all the parties concerned.

Issue for consideration

Whether the petition under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 challenging the appellate court's order requiring the applicant-appellant to deposit 20% of the fine imposed by the trial court should be interfered with by this Court.

Court's answer

The grounds against the deposit direction should have been urged before the learned appellate court itself, and it is the decision of the learned appellate court to require either deposit of a lesser percentage of fine or otherwise.

Ratio / Principle

The petition is disposed of leaving it open to the applicant to file an appropriate application before the appellate court for reduction of the fine amount to deposit; if such an application is filed within 10 days along with a certified copy of the order, the appellate court shall decide it in accordance with law within 4 weeks, provided there is no legal impediment, after hearing all the parties concerned.

Key takeaways

The Court has not expressed any view on the merits of the order passed by the appellate court.obiter¶¶8

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Abdul Moin, J.; Neutral Citation 2024:AHC-LKO:61812; decided 9.9.2024) — Application U/S 482 No. 8016 of 2024, filed under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023, challenging the appellate court's order dated 20.07.2024 in Criminal Appeal No.165 of 2024 (Vijay Prakash Verma vs State of U.P. & Anr) requiring the applicant-appellant to deposit 20% of the fine imposed by the learned trial court. Held, disposing of the petition: the grounds against the deposit direction should have been urged before the learned appellate court itself, and it is the decision of the learned appellate court to require either deposit of a lesser percentage of fine or otherwise. Liberty left open to the applicant to file an appropriate application before the appellate court for reduction of the fine amount to deposit; if such application is filed within 10 days along with a certified copy of the order, the appellate court to proceed and decide it in accordance with law within 4 weeks, provided there is no legal impediment, after hearing all the parties concerned. The Court made clear it had not expressed any view on the merits of the appellate court's order. No notice was issued to respondent no.2 having regard to the nature of the order proposed, and the petition was decided finally with the consent of learned counsels.

Neutral Citation No. - 2024:AHC-LKO:61812

Court No. - 11

Case :- APPLICATION U/S 482 No. - 8016 of 2024

Applicant :- Vijay Prakash Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Anurag.S.Kaalesh,Prerna Verma Counsel for Opposite Party :- G.A.

Hon'ble Abdul Moin,J.

1. Heard.

2 . No notice be issued to the respondent no.2 taking into consideration the nature of order proposed to be passed.

3 . With the consent of the learned counsels for the parties, the present petition is being decided finally.

4. Instant petition under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed raising a challenge to the order dated 20.07.2024 passed in Criminal Appeal No.165 of 2024 In re: Vijay Prakash Verma vs State of U.P. & Anr by which the learned appellate court has required the applicant-appellant to deposit 20% of the fine imposed by the learned trial court in the said appeal.

5 . Various grounds have been urged by the learned counsel for the applicant as to why the learned appellate court should not have required the applicant/appellant to deposit the aforesaid amount.

6 . The Court is of the view that all the grounds should have been urged before the learned appellate court itself and it is the decision of the learned appellate court to require either deposit of lesser percentage of fine or otherwise.

7 . Considering the aforesaid, the petition is disposed of leaving it open to the applicant to file an appropriate application before the appellate court for reduction of the fine amount to deposit. It is provided that in case such an application is filed within 10 days alongwith a certified copy of this order, the appellate court shall

proceed and decide the same in accordance with law within a period of next 4 weeks, provided there is no legal impediment after hearing all the parties concerned.

8 . It is made clear that this Court has not expressed any view on merits of the order, which has been passed by the appellate court.

Order Date :- 9.9.2024 prateek

Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench