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2025 DAILYLAW 77289 (ALL)

TIGER v. STATE OF U.P. AND ANOTHER

NA528/29145/2025 · 2025-08-10

Sanjay Kumar Pachori

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:135392 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 29145 of 2025 Applicant :- Tiger Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shubham Jadaun Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. During the course of argument learned counsel for the applicant has corrected the prayer clause of this application. Sri Shubham Jadaun, learned counsel for the applicant and Sri Abhishek Kumar, learned A.G.A. for the State are present. The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed to quash the order dated 21.06.2025 passed by Additional Principal Judge, Family Court, Mathura in Restoration/Recall Application No. 4A in Criminal Case No. 1117 of 2024, arising out of an application under Section 126(2) of Cr.P.C., whereby application has been allowed at the cost of Rs. 25,000/-. Learned counsel for the applicant submits that the impugned order has been passed without considering the facts and circumstances of case and position of law and in place of reasonable cost excessive cost has been imposed. The main grievance of the learned counsel for the applicant is that excessive cost has been imposed. The matter is related to settled position of law. There is no other point for consideration except imposition of excessive cost, due to this reason, the opportunity to call the counter affidavit from the opposite party no. 2 is dispensed with. The order dated 21.06.2025 is modified and the applicant is directed to pay Rs. 10,000/- as cost to the opposite party no. 2, which is payable within two weeks from today. The present application is disposed of accordingly. Order Date :- 11.8.2025 MAA/- Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad