Court No. - 64
Case :- APPLICATION U/S 482 No. - 17024 of 2019 Applicant :- Tejbahadur Rajbhar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Birendra Singh,Syed Irfan Ali Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, learned counsel for the respondent no.2 and learned AGA for the State.
This application has been filed by the petitioners with a prayer to quash the impugned order dated 18.02.2019 passed in Criminal Appeal No.31 of 2019, pending in the court of Sessions Judge, Varanasi.
Applicant claims that in this case straightway the stay application moved at the Lower Appellate Court level was allowed partly that the money involved Rs.6,35,000/- should be first given by the applicant to opposite party no.2- complainant and the interest accruing in excess of that account should not be paid at this juncture.
Learned counsel for the applicant claims that it would have been under circumstances better if 20% of the amount involved would have been directed to be paid and rest of the amount should be kept pending till disposal of the appeal. Applicant should be directed to pay 20% of the amount involved.
Plea is sustained.
However, no order is being passed. This is for the Lower Appellate Court to look into the claim of the applicant as and when agitated by the applicant. If the applicant is willing and interested in disposal of this appeal within two months period, his case may be considered leniently/sympathetically on the point of payment of 20% of the amount involved. However, the appeal should be decided within two months next, else interest of opposite party no.2 shall be adversely affected as the claim decided in his favour remains without relief being granted to him.
It is expected that applicant shall move appropriate application before the court below in the light of the observations herein above and court below shall consider the same provided proceedings of the appeal is completed within two months next from today.
In view of aforesaid observations, this application is finally disposed off.
Order Date :- 29.4.2019 Raj