Chet Ram Alias Chetru (Since Deceased) Through Lrs vs State Of Himachal Pradesh

Sushil Kukreja, J

The present appeal under Section 449 (ii) of the Code of Criminal Procedure has been filed by appellant-Chet Ram @ Chetru (since deceased) against order dated 06.05.2022, passed by learned Special Judge-II, Kullu, H.P., with a prayer to quash and set aside the same.

I have heard the learned counsel for the appellants as well as the learned Additional Advocate General and have also gone through the record available on the file.

Learned counsel for the appellants submitted that the learned trial Court has imposed the penalty of Rs.50,000/- upon deceased-Chet Ram in his absence and the appellants, who are his legal representatives, are very poor persons having no source of income and not in a position to pay the same. He further submitted that the appellants would be satisfied in case penalty of Rs.50,000/-imposed upon deceased-Chet Ram, vide order dated 06.05.2022, passed by learned Special Judge-II, Kullu, H.P., is reduced to a reasonable amount.

Therefore, without adverting to the merits of the case, since the appellants are poor persons and penalty imposed upon deceased-Chet Ram is on a higher side, as such, the order dated 06.05.2022, passed by learned Special Judge-II, Kullu, H.P., is modified to the extent that penalty of Rs. 50,000/- imposed upon the deceased-Chet Ram is reduced to Rs.10,000/-.

It is made clear that penalty amount of Rs.10,000/- shall be deposited by the appellants on or before 20th September, 2023 before the learned trial Court, failing which, order dated 06.05.2022 passed by learned Special Judge-II Kullu, H.P., shall stand revived without any further reference to this Court.

The appeal, so also pending application(s), if any, stands disposed of.