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2025 DAILYLAW 61943 (ALL)

KAMLESH YADAV v. STATE OF U.P. AND ANOTHER

CRLR/2570/2025 · 2025-07-09

Subhash Chandra Sharma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:110685 Court No. - 84 Case :- CRIMINAL REVISION No. - 2570 of 2025 Revisionist :- Kamlesh Yadav Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Dev Prakash Sharma,Priyanka Devi Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the material on record. The present criminal revision has been filed with prayer to allow the revision and to set aside the impugned judgment and order dated 09.04.2025 passed by Family Court, Azamgarh in Case No.1088 of 2023 (Pinki @ Priyanka vs. Kamlesh Yadav) arising out of proceeding under Section 125 Cr.P.C., Police Station Nizamabad, District Azamgarh regarding cost imposed of Rs.5000/- against the revisionist by the learned court below. It is submitted by learned counsel for the revisionist that revisionist was appearing before the learned trial court. On 17.01.2025 he became ill and could not appear and due to illness an application for exemption in this regard was moved which was numbered as paper no.23kha. This application was not disposed of by the learned trial court and no any order was passed on it but case was proceeded ex-parte regarding which recall application no.26kha was moved on 11.03.2025 which was allowed by the learned court concerned imposing heavy cost Rs.5000/- that is excessive, therefore, request to recall the order imposing cost and reduce the amount of cost. Learned A.G.A. opposed the prayer as aforesaid. Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A., it appears that on 17.01.2025 exemption application was moved and it is not disposed of yet. No any order was passed by the learned court concerned on this application but case was proceeded ex-parte regarding which an application paper no.26Kha was moved for recall of ex-parte order which was allowed imposing cost Rs.5000/- that is excessive and unreasonable, therefore, learned counsel for the revisionist is directed to move an application before the learned court concerned in this regard and the learned court will after recalling the order of cost impose reasonable cost not to be punitive. Accordingly, this criminal revision is disposed of. Order Date :- 10.7.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad