Kalloo And 3 Ors. vs State Of U.P.
2023 Latest Caselaw 2967 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 13
 

 
Case :- CRIMINAL APPEAL No. - 1201 of 2002
 

 
Appellant :- Kalloo And 3 Ors.
 
Respondent :- State of U.P.
 
Counsel for Appellant :- S.P.Tripathi,Pankaj Kumar,Rishabh Tripathi
 
Counsel for Respondent :- Govt.Advocate
 

 
Hon'ble Mohd. Faiz Alam Khan,J.

(C. M. Application No.2 of 2023)

Supplementary affidavit is taken on record.

Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

By moving instant application, a request has been made to permit the appellants to deposit the amount of compensation as they were directed to deposit the same vide order dated 13.10.2022.

Many grounds have been taken in order to emphasize that it was due to the reasons beyond the control of the appellants, the compensation amount could not be deposited before the trial court.

Be that as it may, as a measure of last resort, last opportunity is provided to appellants to deposit the amount of compensation as directed by this Court vide order dated 13.10.2022 passed in Criminal Appeal No.1201 of 2002 till 17th of February, 2023, failing which the trial court shall immediately issue coercive process against the appellants and treat the non-deposition of the fine as violation of the conditions imposed vide order dated 13.10.2022 and will cause them to serve the punishment/sentence as directed by the trial court.

It is also noticed that in the judgment and order dated 13.10.2022 passed in Criminal Appeal No.1201 of 2022, in the concluding part of the judgment, appellant No.1 to 3 has been written due to typographical mistake, while the appellants in the instant appeal were four i.e., appellant No.1- Kalloo, appellant No.2- Budh Ram, appellant No.3 - Lautan @ Ram Lautan and appellant No.4 - Ram Kumar. Thus, the error, which has crept in the operative portion of the judgment dated 13.10.2022, is purely of clerical nature and the same is being corrected to the tune that in the order dated 13.10.2022 passed in Criminal Appeal No.1201 of 2022, the appellant Nos.1 to 4 shall be read in place of appellants nos.1 to 3 and fine of Rs.30,000/- shall be read as Rs.40,000/-.

The instant order shall remain part and parcel of the order dated 13.10.2022 and if certified copy of the order dated 13.10.2022 has already been issued, the same shall also be corrected in view of this order. A copy of this order as well as of corrected order dated 13.10.2022 be immediately sent to the trial court for compliance.

Order Date :- 28.1.2023

Anupam S/-