Ramji Umarvaishy v. State of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. and Another
Case brief
What is this about?
Allahabad High Court, Lucknow Bench (Brij Raj Singh, J.) — Application U/S 482 No. 9154 of 2025, Ramji Umarvaishy v. State of U.P. — dismissed 16.04.2026. Challenge to order dated 18.09.2025 of in-charge Sessions Judge, Pratapgarh in Criminal Appeal No. 74 of 2025 (Section 389(1) CrPC; 430 BNSS 2023) directing deposit of 20% compensation of Rs. 60,000 awarded by trial court. Held: appeal pending, lower court record summoned, bail already granted — Section 482 Court cannot appreciate merits; defences to be raised before appellate court; judicial discipline. Applicant's contention: notice defective — cheque Rs. 2 lakhs, notice demanded Rs. 3 lakhs (Kaveri Plastics v. Mahdoom Bawa Baharuddin Noorul, 2025 SC Online SC 2019 cited by counsel).
What did the court decide?
Since the criminal appeal is pending, the lower court record has been summoned and the appellant has already been granted bail, this Court cannot appreciate the merits of the case