Shishu Pal and Another v. State of U.P. and Another
Case brief
What is this about?
The High Court directed the applicant to appear personally due to opposition in an ex-parte proceeding suitable for Section 307 IPC. Simultaneously, stayed coercive action in the Sessions trial due to a compromise verified by the lower court until further orders.
What the court decided
Court No. - 77
Case :- APPLICATION U/S 482 No. - 17625 of 2024
Applicant :- Shishu Pal And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ravikant Shukla Counsel for Opposite Party :- G.A.,Prabhat Tripathi
Hon'ble Rajeev Misra,J.
- Case called out in revised list, no one appears on behalf first informant-opposite party-2 to oppose this application, even though the name of Mr. Prabhat Tripathi is duly published in the cause list.
- Since the matter relates to Section 307 IPC, it is not desirable to proceed with the matter ex-parte.
- In view of above, list this case on 26.09.2024.
- Considering the fact that the parties have entered into a compromise, which compromise has also been acted upon and verified by Court below, it is, hereby provided that until further orders of this Court, no coercive action shall be taken by Court below agaisnt applicants in Sessions Trial No. 508 of 2024 (State of U.P. Vs. Shishu Pal and Another), arising out of Case Crime No. 214 of 2023, under Sections 34, 323, 504, 506, 307, 325 IPC, Police Station-Raksha, District-Jhansi pending in the Court of District & Sessions Judge, Jhansi shall remain stayed.
Order Date :- 6.9.2024 Vinay
Issues for consideration
2 issues framed by the court
Whether to stay coercive action in the Sessions trial pending a requirement of personal appearance.
Effectiveness of an agreement to compromise entered into between parties regarding the charges under IPC.
Parties & counsel
- applicant
Shishu Pal And Another
Coram
Rajeev Misra
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- A482/17625/2024
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