Allahabad High Court
SARJANversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The dismissal order is set aside conditionally, pending the revisionist's deposit of the 20% amount within 30 days, after which the appeal will be heard on its merits.
Summary
The revisionist, Sarjan, filed a criminal revision challenging the dismissal of his appeal by the District and Sessions Judge, Basti, on the ground that he failed to deposit the required 20% of the court fee within the stipulated time. The revisionist, who is presently incarcerated, offered to make the deposit within 30 days and sought a direction that the appellate court hear the appeal on its merits. The State's Additional Government Advocate raised no objection to the revisionist's proposal. The High Court, after considering the submissions and the record, set aside the dismissal order on the condition that the 20% amount be deposited within the stipulated 30‑day period. Upon deposit, the appellate court is directed to proceed with a hearing on the merits and to consider the revisionist's application for suspension of sentence. The revision is consequently disposed of.
Issues considered
- Whether an order dismissing an appeal for non‑deposit of the required 20% court fee can be set aside when the appellant is ready to make the deposit within a specified period.
Subjects
- criminal revision
- deposit of court fee
- appeal dismissal
- set aside order
- hearing on merits
- suspension of sentence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL REVISION No. - 3007 of 2026
Sarjan
.....Revisionist(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Revisionist(s) : Tripurari Sharan Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 86
HON'BLE SUBHASH CHANDRA SHARMA, J.
Heard learned counsel for the revisionist as well as learned A.G.A. for the
State and perused the material on record.
This criminal revision has been filed with prayer to set aside the impugned
order dated 23.03.2026 passed by District and Sessions Judge, Basti in
Criminal Appeal No.30 of 2026 (Sarjan vs. State of U.P. and another) by
which appeal was dismissed at the admission stage since 20% amount was
not deposited by the appellant within stipulated period.
It is submitted by learned counsel for the revisionist that since the revisionist
is in jail at present and ready to make payment of 20% amount within a
period of 30 days, therefore, order passed by learned appellate court dated
23.03.2026 be set aside and learned appellate court be directed to decide the
appeal on merit after giving opportunity of hearing to the appellants.
Learned A.G.A. has no objection in this regard.
Considering the facts and circumstances of the case, submissions made by
learned counsel for the revisionist as well as learned A.G.A., perusal of
record and the order passed by learned appellate court dated 23.03.2026,
since, revisionist is ready to deposit 20% amount before the learned
appellate court within a period of 30 days, therefore, the order dated
23.03.2026 passed by learned trial court is, hereby, set aside on condition
that the revisionist will make deposit of the 20% amount as directed by the
learned appellate court within 30 days.
As the aforesaid amount is deposited by the revisionist, the learned appellate
CRLR No. 3007 of 2026
2
court will decide the appeal after giving opportunity of hearing to both the
parties on merit and also to entertain the application of the revisionist
regarding suspension of sentence.
Accordingly, this criminal revision is disposed of.
May 12, 2026
Ashok Gupta
(Subhash Chandra Sharma,J.)
Digitally signed by :-
ASHOK KUMAR GUPTA
High Court of Judicature at Allahabad
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