Partly allowed

Om Prakash Mishra v. State of U.P. Thru. Prin. Secy. Home Govt. Civil Sectt. Lko. and Another

Allahabad HC1 Aug 2024A482/6767/2024

Case brief

AI extract

What is this about?

Application under Section 482 CrPC opposing charge sheet and summoning order allowed on undertaking to deposit Rs. 50,000 for mediation, with proceedings stayed pending mediation report.

What did the court decide?

Stay of proceedings until mediation; order to deposit Rs. 50,000 for mediation; case listed for further orders on mediation report.

Om Prakash Mishra vs State of U.P… — Constitutional and Fundamental Rights | Allahabad HC (2024)

¶1

Court No. - 13 Case :- APPLICATION U/S 482 No. - 6767 of 2024 Applicant :- Om Prakash Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Govt. Civil Sectt. Lko. And Another Counsel for Applicant :- Sunil Kumar Mishra,Atul Kumar Chauhan Counsel for Opposite Party :- G.A.

¶2

Hon'ble Saurabh Lavania,J.

¶3

Heard learned counsel for applicant, learned A.G.A. for the State and Ms. Vijay Laxmi, opposite party no. 2 who appears in person and perused the record.

¶4

The present application has been filed for setting aside the impugned charge sheet dated 11.01.2018 and impugned summoning order dated 09.08.2019 passed by learned Additional Chief Judicial Magistrate IV, Court No. 28, Lucknow under Sections 406, 420, 504, 506 IPC in Case Crime No. 0352 of 2016 at Police Station - Vikas Nagar, District - Lucknow.

¶5

It is stated that the dispute could be settled and decided amicably by way of mediation. To show the bona fide, it is stated that the applicant would deposit Rs. 50,000/- (Rupees Fifty Thousand Only) before the Mediation and Conciliation Centre of this Court within one week from today.

¶6

Taking note of the aforesaid including that dispute between the parties can be settled amicably by way of mediation, this Court finds that the matter requires consideration.

¶7

Accordingly, let the matter be placed before Mediation and Conciliation Centre of this Court on 12.08.2024. The applicant shall deposit an amount of Rs. 50,000/- before the Mediation and Conciliation Centre of this Court within one week from today, which shall be released in favour of the opposite party No. 2.

¶8

List/put up this case before this Court on 22.08.2024 as fresh along with mediation report in this regard showing the name of Ms. Vijay Laxmi appearing as in-person in the cause list.

¶9

Till the next date of listing, the proceedings in issue against the applicant shall be kept in abeyance.

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In case, the amount aforesaid is not deposited by the applicant within the specified time, the interim protection granted by this Court shall not be available to applicant.

¶11

Order Date :- 1.8.2024/Mohit Singh/-

¶12

Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench

Om Prakash Mishra v. State of U.P. Thru. Prin. Secy. Home Govt. Civil Sectt. Lko. and Another

Case brief

What is this about?

What did the court decide?

Om Prakash Mishra v. State of U.P. Thru. Prin. Secy. Home Govt. Civil Sectt. Lko. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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