FAKHRUDDIN SIDDIQUI v. STATE OF U.P. THRU. PRIN. SECY. (HOME) U.P. LKO. AND ANOTHER
A482/4676/2025 · 2025-06-05
Rajnish Kumar
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 143029 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 143029 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:34707
Court No. - 11 Case :- APPLICATION U/S 482 No. - 4676 of 2025 Applicant :- Fakhruddin Siddiqui Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home) U.P. Lko. And Another Counsel for Applicant :- Kunwar Ravi Prakash,Ram Sajiwan Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajnish Kumar,J.
1. Heard Mr. Kunwar Ravi Prakash, learned counsel for applicant, learned A.G.A. for the State and perused the material available on record.
2. By means of the present application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (482 Cr.P.C.) the applicant has sought following prayer:-
"to quash the impugned order dated 30.04.2025 passed by learned Sessions Judge, District Lucknow in Criminal Appeal No. 125 of 2025 (Fakruddin Siddiqui Vs. State of U.P. and another) and further direct the appellate authority to reduce the fine amount after considering peculiar circumstances of appellant."
3. Learned counsel for applicant submits that financial condition of the applicant is not so that he may deposit the 20% of the total fine imposed by the trial court in compliance of order dated 30.04.2025 passed by learned Sessions Judge, Lucknow in Criminal Appeal No. 125 of 2025 (Fakruddin Siddiqui Vs. State of U.P. and another).
4. After arguing the matter at some length, learned counsel for applicant submits that this application may be dismissed as not pressed with liberty to the applicant to move an appropriate application before the court concerned for reducing the fine and grant statutory period of 60 days as provided under Section 148 (2) of the Negotiable Instruments Act, 1881 in terms or order dated 23.04.2024 passed by this Court in Application U/s 482 No. 3676 of 2024 (Shilp Maurya alias Shileep Maurya Vs. State of U.P. and another). To which learned A.G.A. for the State has no objection.
5. In view of above, this application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (482 Cr.P.C.) is dismissed as not pressed with liberty as aforesaid. . (Rajnish Kumar, J.) Order Date :- 5.6.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench