Court No. - 49
Case :- APPLICATION U/S 482 No. - 10133 of 2018 Applicant :- Harikesh Opposite Party :- State Of Up And 4 Others Counsel for Applicant :- Jagdish Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned AGA for the State as also perused the record.
The present application U/s 482 Cr.P.C. has been filed against the order dated 07.03.2018, by which the application filed by the applicant under Section 126 Cr.P.C. has been allowed, subject to payment of cost Rs. 91,000/- to be paid to the opposite party no.2. The grievance of the applicant is against the award of cost Rs. 91,000/-
In view of above regard, earlier by the exparte order dated 01.01.2016, the maintenance allowance had been awarded @ Rs. 3,000/- per month in favour of the opposite party no.2 and @ Rs. 2,000/- per month each to the opposite party no. 4 and 5. The submission advanced by learned counsel for the applicant is that the cost of Rs. 91,000/- is excessive and the applicant is not in a position to comply with the said order.
Perusal of the order also does not indicate any reason to justify the quantification of cost Rs.91,000/-. Perusal of the order dated 01.01.2016 also reveals that the learned court below has observed that the applicant is an agriculturist and that he is also running a mobile phone shop at Mumbai. However, no documentary evidence exists in support of such observation. On the other hand, learned counsel for the applicant submits that the applicant is working as manual labourer.
In view of the facts and circumstances of the present case, the present application is disposed of with a direction, in case of the applicant paying a sum of Rs. 20,000/- to the opposite party no.2 as cost on or before 30.04.2018, the order dated 07.03.2018 and 01.01.2016 would stand recalled and the court below shall proceed to decide the application filed under Section 125 Cr.P.C. afresh in accordance with law, as expeditiously as possible, without granted any unnecessary or long adjournment to either of the parties, if there is no other legal impediment.
Also, meanwhile during the pendency of the application under Section 125 Cr.P.C., the applicant shall pay the interim maintenance allowance @ Rs. 3,000/- per month to the opposite party no.2 from 10th day of every month beginning from April, 2018 onwards.
The instant application is disposed of. Order Date :- 28.3.2018 Lbm/-