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2025 DAILYLAW 157076 (ALL)

RAMJI UMARVAISHY v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

A482/6520/2025 · 2025-08-11

Saurabh Lavania

Criminal Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:46652 Court No. - 11 Case :- APPLICATION U/S 482 No. - 6520 of 2025 Applicant :- Ramji Umarvaishy Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Mohd. Taufiq Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. Heard. The present application has been filed for the following main relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside/quash the impugned order dated 16.07.2025 passed by the learned Incharge Sessions Judge, Pratapgarh on Application U/S 389(1) Cr.P.C. & 430 BNSS 2023 in Criminal Appeal No.53 of 2025, Ramji Umarvaishya Versus State of U.P. and another, so far it relates to deposit the 20% compensation i.e. Rs.4,00,000.00 (Rupees Four Lakhs only) as awarded by the Trial Court, as contained in Annexure no.1 to this petition, otherwise, the petitioner will suffer irreparable loss and injury which cannot be made good in any event." On being confronted, learned Counsel for the applicant says that he may be permitted to withdraw the present application/petition with liberty to prefer an application before the concerned court in the light of judgment passed by the Hon'ble Apex Court in the case of Jamboo Bhandari vs. M.P. State Industrial Development Corporation Ltd. and others; (2023) 10 SCC 446 as well as in Muskan Enterprises and another vs. The State of Punjab and another; Criminal Appeal No. 5491 of 2024 and some observations be made in this regard. To the aforesaid prayer, learned AGA has no objection. Accordingly, the present application is disposed of finally without interfering in the order impugned at this stage with liberty to the applicant to prefer an application in the light of judgment passed in the case of Jamboo Bhandari (Supra), before the concerned court, which shall be decided most expeditiously. With the aforesaid, the present petition is disposed of. Order Date :- 11.8.2025 Jyoti/- Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench