AMARNATH v. STATE OF U.P. THRU. ITS SECY. DEPTT. OF HOME AND ANOTHER
A482/381/2025 · 2025-01-17
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 117001 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 117001 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:3024 Court No. - 12 Case :- APPLICATION U/S 482 No. - 381 of 2025 Applicant :- Amarnath Opposite Party :- State Of U.P. Thru. Its Secy. Deptt. Of Home And Another Counsel for Applicant :- Ravindra Shukla Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard Sri Ravindra Shukla, learned counsel for the applicant, Sri Ajay Kumar Srivastava, learned AGA for the State of U.P. and perused the record. The present application has been filed challenging the part of the order dated 19.10.2024 passed by the Additional Sessions Judge, Sultanpur (in short "trial court") in Sessions Trial No. 1494/2022 (State of U.P. vs. Amarnath and others) arising of Case Crime No. 201/2022, under Sections 323, 504, 307, 302, 324, 34 IPC, Police Station- Kadipur, District- Sultanpur. Assailing the order impugned order dated 19.10.2024 only to the extent of imposing cost of Rs. 5,000/- for adjourning the case, learned counsel for the applicant stated that on account of illness, the applicant's counsel was unable to attend the court proceedings and therefore, an application for adjournment was preferred in the case and the trial court after considering the facts of the case and also the reasons indicated in the application seeking adjournment and also that PW-1 appeared before the trial court on four dates on which he was not cross- examined, allowed the application preferred by the applicant seeking adjournment with cost of Rs. 5,000/-. He says that the cost imposed is excessive, as such, indulgence of this Court is required in the matter. Considered the aforesaid. Upon due consideration of the aforesaid and also the submissions advanced by the learned counsel for the parties, this Court finds it appropriate to provide liberty to the applicant to prefer an application before the trial court for reducing the cost as imposed in the order impugned dated 19.10.2024, which shall be considered and disposed of as per law, expeditiously. Ordered accordingly. The instant application is disposed of in above terms. Order Date :- 17.1.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench