Sudhakar Tripathi vs State of U.P. Thru. Addl. Chief Secy. Lko and 3 Others — Allahabad HC (2025) — LawSathi Research

Sudhakar Tripathi vs State of U.P. Thru. Addl. Chief Secy. Lko and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions only: applicant to pay cost of Rs.15,000/- to respondent no.2 by transfer to his Punjab National Bank account within two weeks; affidavit of written apology permitted to be filed and to be taken on record; matter to be listed on 16.04.2025. Applications not finally decided.

Issue for consideration

Whether the applicant-Sudhakar Tripathi, who tendered apology for making a false statement before the Court, ought to pay costs to respondent no.2/Kamlakant Tripathi, who appeared in person pursuant to the Court's order dated 06.01.2025.

Court's answer

The applicant, appearing in person, tendered apology and was allowed to file an affidavit tendering written apology during the course of the day; any such affidavit filed by the applicant shall be taken on record.

Ratio / Principle

The Court directed the applicant-Sudhakar Tripathi to pay a cost of Rs.15,000/- to respondent no. 2/Kamlakant Tripathi.

Key takeaways

The applicant is directed to transfer Rs.15,000/- into the specified Punjab National Bank account (Branch Gosainganj, Faizabad (Ayodhya)) of respondent no.2 within two weeks.ratio¶¶13

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Sanjay Kumar Singh, J. — In two connected applications under Section 482 (the Act is not named in the order) filed by Sudhakar Tripathi against the State of U.P. and others, pursuant to the Court's order dated 06.01.2025, respondent no.2 Kamlakant Tripathi, whose physical condition/health is not good, personally appeared with counsel Raghaw Ram Upadhyay, accompanied by his two sons Nishakar Tripathi and Prabhakar Tripathi, having travelled from Delhi, and admitted his signature on the counsel's Vakalatnama for appearance on his behalf. The applicant, appearing in person, tendered apology for making a false statement before the Court and undertook not to repeat it; he was permitted to file an affidavit tendering written apology during the course of the day, which shall be taken on record. Considering respondent no.2's difficulty in appearing, the Court directed the applicant to pay costs of Rs.15,000/- to respondent no.2, to be transferred to his Punjab National Bank account (Branch Gosainganj, Faizabad (Ayodhya)) within two weeks. Matter listed on 16.04.2025.

Court No. - 18

Case :- APPLICATION U/S 482 No. - 5298 of 2024

Applicant :- Sudhakar Tripathi Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Lko And 3 Others Counsel for Applicant :- In Person Counsel for Opposite Party :- G.A.,Raghaw Ram Upadhyay

With

Case :- APPLICATION U/S 482 No. - 4217 of 2024

Applicant :- Sudhakar Tripathi Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Prin.Secy. Home And Another Counsel for Applicant :- Piyush Mishra Counsel for Opposite Party :- G.A.,Raghaw Ram Upadhyay

Hon'ble Sanjay Kumar Singh,J.

Pursuant to order of this Court dated 06.01.2025, Shri Kamlakant Tripathi/ respondent no.2 is personally present along with his counsel Shri. Raghaw Ram Upadhyay before this Court.

On putting query and showing the Vakalatnama of Shri Raghaw Ram Upadhyay, Advocate, Shri Kamlakant Tripathi/ respondent no.2 in presence of the applicant-Sudhakar Tripathi admits his signature on the Vakalatnama by contending that he had signed the Vakalatnama of Shri Raghaw Ram Upadhyay, for appearance in the present matter on his behalf.

Looking at respondent no.2, I also find that his physical condition / health is not good and even he is not in a position to walk without any support/help but he in order to honour the direction of this Court has appeared before this Court along with his two sons, namely, Nishakar Tripathi and Prabhakar Tripathi. He also submits that after facing a lot of difficulty and harassment in journey, he has come to this Court from Delhi.

In response, the applicant, who has appeared in person submits that he is tendering apology and in future he will take care that he will not make any false statement before the Court. He prays far and is allowed to file an affidavit tendering written apology during the course of the day. In case any affidavit is filed by the applicant tendering apology, the same shall be taken on record.

In view of the above, this Court feels that it would be appropriate to direct the applicant-Sudhakar Tripathi to pay a cost of Rs.15,000/- to respondent no. 2/Kamlakant Tripathi.

Accordingly, the applicant is directed to transfer Rs.15,000/in the following Bank Account of respondent no.2 within two weeks.

" Punjab National Bank, Branch- Gosainganj, Faizabad (Ayodhya), A/c No.0194000100320013 and IFSC Code- PUNB 0019400".

As prayed by the applicant, let this matter be listed on 16.04.2025.

Order Date :- 19.2.2025 Mohd. Sharif

Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench