Court No. - 16
Case :- FIRST APPEAL FROM ORDER No. - 2582 of 2018 Appellant :- Mukesh Kumar Sharma Respondent :- State Of U.P. And Another Counsel for Appellant :- Rajesh Sharma
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the appellant and perused the material brought on record.
This appeal has been preferred by the appellant against the order dated 30.04.2018 passed by Incharge District Judge, Agra, in F.S.M.A. No.73 of 2018 Mukesh Kumar Sharma Vs. State of U.P. and another whereby while admitting the appeal preferred by the appellant before the lower appellate court/authority Incharge District Judge, Agra, the appellant was directed to make deposit 50% amount of fine initially imposed by the authority at the first instance vide its order dated 04.04.2018 passed in Case No.20 of 2018 whereby fine of Rs.1,50,000/- was imposed on the appellant and he was directed to deposit the amount within 30 days else recovery shall be made as arrears of land revenue.
Contention has been raised that there is nothing on record which may justify the passing of such order by the appellate authority that a deposit of 50% of the amount of fine be made as pre- requisite for admission of the appeal before the lower appellate court/authority.
However, the appellant could not show any specific law on the point that while admitting his appeal, such order cannot be passed by the lower appellate court. However, it is within jurisdiction and domain of the lower appellate court to direct deposition of fine imposed by the authority at the first instance.
For the aforesaid reason, the instant appeal lacks merit and the same is dismissed.
Order Date :- 30.5.2018 rkg