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2025 DAILYLAW 57155 (ALL)

SHAILENDRA KUMAR v. STATE OF U.P. AND 4 OTHERS

SPLA/430/2025 · 2025-05-12

Ashwani Kumar Mishra, Prashant Bilgaiyan Registrar J Criminal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:77490-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 430 of 2025 Appellant :- Shailendra Kumar Respondent :- State Of U.P. And 4 Others Counsel for Appellant :- Devansh Misra,Ram Jeet Yadav Counsel for Respondent :- C.S.C.,Shesh Kumar Srivastava Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. 1. Learned Single Judge while dismissing the writ petition on the ground of alternative remedy has imposed cost of Rs. 50,000/- on the appellant on the ground that the counsel for the appellant was not able to appropriately reply as to whether any alternative remedy was available to him or not. 2. Learned counsel for the appellant submits that for any error on the part of a lawyer in not properly rendering assistance to the Court, the exemplary cost of Rs.50,000/- ought not to have been imposed upon him. It is also urged that even otherwise, the imposition of cost is excessive and unduly harsh. 3. Sri Shesh Kumar Srivastava, learned counsel for the respondent, does not seriously object to the prayer made in the special appeal. 4. Though we find that an alternative remedy is available to the appellant and, therefore, learned Single Judge was right in dismissing the writ petition, but the imposition of cost of Rs.50,000/- appears to be unduly harsh and unwarranted. To that extent, we interfere in the present appeal and modify the judgment and order dated 8.4.2025 by deleting the cost imposed upon the appellant. 5. Accordingly, this appeal is disposed of. Order Date :- 13.5.2025 DKS Digitally signed by :- DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad