Disposed

Nazibul Rahim Khan and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko and Another

Allahabad HC11 Sept 2024A482/8164/2024

Case brief

AI extract

What is this about?

Application u/s 482 CrPC wherein the applicant sought to set aside summoning order and charge sheet. Court directed parties to appear before Mediation and Conciliation Centre for amicable settlement and kept proceedings in abeyance.

What did the court decide?

Matter referred for mediation; proceedings kept in abeyance pending mediation report.

Nazibul Rahim Khan and 2 Others vs… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 8164 of 2024

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Applicant :- Nazibul Rahim Khan And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Satish Kumar Sharma Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Sri Sanjeev Singh, Advocate alongwith Sri Abhishek Awasthi, Advocate has filed Vakalatnama on behalf of opposite party No. 2 in the Court today, which is taken on record.

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Heard learned counsel for the parties and perused the record.

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The present application has been filed by the applicants for the following main reliefs:-

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"WHEREFORE, it is most respectfully prayed that this Hon'ble court may graciously be pleased to set aside the impugned summoning order dated 09.08.2024 passed by the Chief Judicial Magistrate Kheri in case No. 5817 /2024 (State versus Nazibul Rahim and others) arising out Crime No. 0172/2024, U/S 420,467,468,471& 506 I.P.C P.S. Gola, District Kheri, by which the petitioner No. 1&3 have been summoned U/S 420,467,468,471& 506 I.P.C, and the petitioner No. 2 has been summon U/S 506 I.P.C. and also set aside the charge sheet No. 265/2024 dated 3.05.2024 contained as ANNEXURE NO. 1&2 to this petition.

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It is further prayed that this Hon'ble court may kindly be pleased to set aside the entire proceedings of case No. 5817/2024 (state versus Nazibul Rahim and others) Crime No. 0172/2024, U/S 420,467,468,471& 506 IPC P.S. Gola, District Kheri, which is pending in the court of Chief Judicial Magistrate Kheri."

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From the submissions advanced by the learned counsel for the parties, it prima facie appears that the dispute between the parties can be settled by way of mediation and on being asked in this regard, learned counsel for the parties stated that 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 on 17.09.2024.

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In view of above, it is provided that the matter be placed before Mediation and Conciliation Centre of this Court on 17.09.2024. The parties' counsel shall ensure presence of their respective parties on the specified date.

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List/put up this case before this Court as fresh on 14.11.2024 alongwith mediation report showing the names of Sri Sanjeev Singh, Advocate and Sri Abhishek Awasthi, Advocate, as counsel for the opposite party No. 2.

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Till the next date of listing, the proceedings in issue shall be kept in abeyance qua the applicants.

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It is made clear that this interim order would only be extended on the next fixed in the matter after hearing the parties' counsel.

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Order Date :- 11.9.2024 Arun/-

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Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench

Nazibul Rahim Khan and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko and Another

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Nazibul Rahim Khan and 2 Others v. State of U.P. Thru. Prin. Secy. Home Lko and Another

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