Disposed

Shivakant and 2 Others v. State of U.P. and Another

Allahabad HC20 Aug 2024A482/20155/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. challenging an order passing non-bailable warrants and vacating a mediation interim order due to non-payment, the Court did not quash the impugned order. Instead, it directed expedited bail hearing upon appearance and stayed coercive processes against two specific relatives of the informant. The application was disposed of accordingly.

What did the court decide?

Directed coercive process not be adopted against applicants Nos. 2 and 3 for two weeks; directed expedited bail decision if applicants surrender within two weeks; Application disposed of accordingly.

Shivakant and 2 Others Vs State of U.P. and… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:133865

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 20155 of 2024

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Applicant :- Shivakant And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahendra Kumar Yadav,Vinod Kumar Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,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 for quashing of order dated 25.04.2024, passed by learned A.C.J.M.-I, Kanpur Nagar, in Complaint Case No. 105808 of 2021 (Sapna vs. Shivakant and other), under Section 323, 504, 498A I.P.C., P.S.Bithur, District- Kanpur Nagar.

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It is submitted by learned counsel for the applicants that impugned order dated 25.4.2024 is agaisnt the facts and law and thus, liable to be set aside. Earlier applicants have filed an application under Section 482 Cr.P.C. for quashing of proceedings, wherein, vide order dated 8.12.2023 matter was referred for mediation subject to condition that applicants have to deposit Rs.30,000/- before the Mediation Centre of this Court. It is further submitted that applicants could not deposit the said amount and therefore interim order was vacated and trial court has passed impugned order, by which non-bailable warrants have been issued against them.

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Learned A.G.A. has opposed the application and submitted

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earlier applicants were granted interim relief by this Court on the ground that matter was referred for mediation. The applicants did not deposit the required amount before the Mediation Cetnre. The trial court has issued non bailable warrants against the applicants by adopting proper process and there is no illegality and perversity in the impugned order.

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I have considered the rival submissions of learned counsel for the parties and perused the record.

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Considering entire facts, it is directed that in case applicants appear/surrender before the trial court within a period of two weeks from today and apply for bail, their bail applications shall be decided expeditiously in accordance with law. Applicant Nos. 2 and 3, namely, Babli and Soni are sisters-in-law of informant, thus it is further directed that for a period of two weeks from today or till the applicant Nos. 2 and 3 appear before the trial court, whichever is earlier, no coercive process shall be adopted against applicants No. 2 and 3.

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Application under section 482 Cr.P.C., is disposed of accordingly.

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Order Date :- 21.8.2024 Md Faisal/S Rawat

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Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad

Shivakant and 2 Others v. State of U.P. and Another

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Shivakant and 2 Others v. State of U.P. and Another

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