Disposed

Jolly Pathak v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Allahabad HC3 Dec 2024A378/190/2024

Case brief

AI extract

What is this about?

This court considered an application under Section 378(4) Cr.P.C. for leave to appeal against acquittal. Upon counsel stating the parties were ready to settle via mediation, the court referred the matter to the Mediation and Conciliation Centre for a report before further consideration.

What did the court decide?

Application placed before Mediation and Conciliation Centre with a direction to file a report in February 2025 along with the Petition under Article 227.

Jolly Pathak vs State of U.P. Thru. Prin… — Civil Procedure and Limitation | Allahabad HC (2024)

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Court No. - 12

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Case :- APPLICATION U/S 378 No. - 190 of 2024

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Applicant :- Jolly Pathak

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Shishir Chandra,Madhav Chaturvedi Counsel for Opposite Party :- G.A.,Abhishek Srivastava

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Hon'ble Saurabh Lavania,J.

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Heard.

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The present application has been filed for the following main relief:-

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"WHEREFORE, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the instant application in terms of Section 378 (4) of Cr.P.C. and the appellant / applicant named above be granted Leave to Appeal against the impugned judgement-order dated 30.09.2024 passed by the Ld. Trial Court i.e. the Presiding Officer of Additional Court No.3 (NI Act), Lucknow in Criminal Complaint No. 7473 of 2017 [Re. Smt. Jolly Pathak vs. M/s Abhyudaya Pharmaceuticals & others].

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This Hon'ble Court may further be pleased to admit & allow the Appeal against acquittal and set aside the judgement-order dated 30.09.2024 passed by the Ld. Trial Court i.e. the Presiding Officer of Additional Court No.3 (NI Act), Lucknow in Criminal Complaint No.7473 of 2017 [Re. Smt. Jolly Pathak vs. M/s Abhyudaya Pharmaceuticals & others] and to allow the Criminal Complaint No. 7473 of 2017 [Re. Smt. Jolly Pathak vs. M/s Abhyudaya Pharmaceuticals & others]; in the interest of justice, equity & fair-play."

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Learned counsel for the parties stated that parties are ready to settle their dispute amicably by way of mediation, as such, the matter may be referred to Mediation and Conciliation Centre of this Court so as to carve possibility of amicable settlement of dispute between the parties.

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In view of above, let the present appeal be placed before Mediation and Conciliation Centre of this Court on 19.12.2024 alongwith Petition under Article 227 No. 1543 of 2022.

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List/put up this case before this Court in the month of February 2025 as fresh alongwith mediation report.

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Order Date :- 4.12.2024

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Jyoti/-

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Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench

Jolly Pathak v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Case brief

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Jolly Pathak v. State of U.P. Thru. Prin. Secy. Home Lko. and 2 Others

Case brief

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