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2024 Supreme(All) 1018

ABDUL MOIN
Mohammad Javad Farooqui – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ashok Kumar Singh.

JUDGMENT :

ABDUL MOIN, J.

1. Heard learned counsel for the applicant, Sri Anurag Verma, learned Additional Government Advocate appearing for respondent no. 1 and Sri Vimal Kumar, learned counsel, who files Vakalatnama on behalf of respondents no. 2 and 3 in both the petitions, which are taken on record.

2. Learned counsels for the contesting parties state that facts of Application U/s 482 Cr.P.C. (now Section 528 of Bharatiya Nyaya Sanhita) No. 5955 of 2024 and Application U/s 482 Cr.P.C. (now Section 528 of Bharatiya Nyaya Sanhita) No. 5927 of 2024 are one and the same and that both the matters can be heard and decided together.

3. Accordingly, the Court proceeds to hear and decide both the matters together. For convenience, the facts of Application U/s 482 Cr.P.C. No. 5955 of 2024 are being taken into consideration.

4. Under challenge is the order dated 19.04.2024 passed in Criminal Appeal No. 111 of 2024 in re: Mohd. Javed Farooqui vs. State of Uttar Pradesh and others, a copy of which is Annexure-1 to the application, whereby upon an appeal filed by the applicant/petitioner, the learned court has required the appellant/applicant herein, to deposit 20% of the total fine imposed by th

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