Disposed

Deepa Jaiswal and Another v. State of U.P. and Another

Allahabad HC9 Aug 2018A482/26676/2018

Case brief

AI extract

What is this about?

The court refused to quash the summoning order in an application under Section 482 Cr.P.C., holding that disputed questions of fact could not be adjudicated. The case was directed to mediation per Apex Court precedent, with a stay on coercive action.

What did the court decide?

Quashing of summoning order refused; case directed to mediation center; coercive action stayed till mediation report.

Deepa Jaiswal and Another Vs State of U.P… — Civil Procedure and Limitation | Allahabad HC (2018)

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 26676 of 2018

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Applicant :- Deepa Jaiswal and Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rahul Upadhyay,Rohit Upadhyay Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Tripathi,J.

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Heard learned counsel for the applicants and learned A. G. A. for the State.

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This application u/s 482 Cr.P.C., has been filed by the applicants with the prayer to quash the impugned summoning order dated 16.9.2015 as well as entire proceedings passed by the first ACJ (JD), in case no. 1375 of 2014 under Section 323 IPC, P.S. Rail Bazar, District Kanpur Nagar.

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It is submitted by learned counsel for the applicants that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment with false and fabricated allegations.

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From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C.

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The prayer for quashing the summoning order passed in the aforesaid case is refused.

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As per direction of Hon'ble Apex Court in the case of Rajesh Sharma and others Vs. State of U.P. and another reported in 2017 0 AIR (SC) 3869 , learned Magistrate is directed to refer the case to mediation centre at District Court, Kanpur Nagar within 15 days from the date of receipt of certified copy of this order.

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The mediation centre shall submit its report within one month from the date of receipt of the case before the learned Magistrate.

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Till the submission of report by the mediation centre, no coercive action shall be taken against the applicants.

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With the aforesaid observations, this application under Section 482 Cr.P.C., stands disposed of.

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Order Date :- 9.8.2018 Jaswant

Deepa Jaiswal and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Deepa Jaiswal and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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