The single-judge application under Section 482 CrPC was remitted to the mediation centre of the lower court for decision after notice to parties, with a one-month deadline and discretion to stay coercive action in the pending criminal case.
Matter remitted to lower court mediation centre; coercive action stayed pending mediation.
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Court No. - 85
Case :- APPLICATION U/S 482 No. - 6609 of 2019
Applicant :- Smt. Pushpa Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bharat Singh Pal,Mohd Akhtar Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned Counsel for the applicant, learned A.G.A. for the State.
It is submitted by learned counsel for the applicant that the present matter can be well considered by Mediation Centre of the court below.
The matter is remitted to the Mediation Centre of the court below with the direction that same may be decided after giving notices to both the parties.
It is directed that Mediation Centre of court below shall decide the matter expeditiously preferably within a period of one month. Thereafter the case shall be sent to this court and shall be listed before the appropriate Court.
Till the next date of listing, no coercive action shall be taken against the applicant in Criminal Case No. 67 of 2018, State Vs. Smt. Pushpa arising out of case crime no. 343 of 2016, under Sections 323, 504, 506 I.P.C. Police Station Mauaima, District Allahabad, pending in the Court of Special Chief Judicial Magistrate, Allahabad.
Order Date :- 14.7.2021
A.
3 issues framed by the court
Whether the present application under Section 482 CrPC requires immediate adjudication or should be remitted to the mediation centre.
Whether coercive action can be taken against the applicant against the criminal case pending during the mediation period.
What direction should be issued to the lower court mediation centre for expeditious disposal.
1 provisions across 1 enactments
Smt. Pushpa
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
