Disposed

Vijay Prakash Verma v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC9 Sept 2024A482/8016/2024

Case brief

AI extract

What is this about?

Single judge disposed of an application under Section 528 BNS 2023 challenging a requirement to deposit a fine. The court directed that grounds should have been raised in the appellate court itself and dismissed the application, leaving the applicant to file a fresh application before the appellate court for reduction of the deposit amount within 10 days.

What did the court decide?

The petition is disposed of without deciding it on merits; applicant permitted to file an application before the appellate court within 10 days.

Vijay Prakash Verma vs State of U.P. Thru. Prin… — Criminal Trial and Appeal | Allahabad HC (2024)

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

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Court No. - 11

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

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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.

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Hon'ble Abdul Moin,J.

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1. Heard.

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

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

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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.

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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.

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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.

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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

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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.

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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.

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Order Date :- 9.9.2024 prateek

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

Vijay Prakash Verma v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Vijay Prakash Verma v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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