Disposed

Om Prakash @ Nanku v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and 2 Others

Allahabad HC17 Oct 2024CRLRD/384/2024

Case brief

AI extract

What is this about?

The court framed mediation terms for a criminal revision, directing the revisionist to deposit Rs.20,000 within a week to allocate funds for the opposite party's expenses and retain a balance. The matter was referred to the Mediation Centre.

What did the court decide?

Referral to Mediation Centre; conditional directions for appearance and fund distribution pending deposit of demand draft.

Om Prakash @ Nanku vs State of U.P. Thru… — Civil Procedure and Limitation | Allahabad HC (2024)

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Court No. - 14

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Case :- CRIMINAL REVISION DEFECTIVE No. - 384 of 2024

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Revisionist :- Om Prakash @ Nanku Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 2 Others Counsel for Revisionist :- Manoj Kumar Yadav,Rita Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Ajai Kumar Srivastava-I,J.

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1. Heard learned counsel for the revisionist, Sri Rajesh Kumar Singh, learned A.G.A. for the State and Sri Rajesh Kumar Awasthi, Advocate, who has put in appearance on behalf of opposite party No.2 by filing his vakalatnama in Court today, which is taken on record.

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2. Learned counsel for the revisionist has very fairly submitted that because of financial constraints, the revisionist could not deposit a demand draft of Rs.20,000/- as was directed vide order dated 17.09.2024 passed by this Court. He assures that a demand draft of Rs.20,000 has already been prepared and the same shall be deposited in the Registry within a week, positively.

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3. Learned counsel for opposite party No.2 has stated that opposite party No.2 is also willing to get her dispute resolved through the process of mediation.

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4. This Court is also satisfied on the basis of perusal of the record and the submissions made before it that the nature of litigation is such that there is a chance to resolve the matter through the process of mediation and an attempt ought to be made to explore that possibility.

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5. Accordingly, the matter is being referred to the Mediation and Conciliation Centre of this Court. In case, the revisionist deposits a demand draft of Rs.20,000, then out of the deposited amount, Rs.15,000 shall be handed over to opposite party No.2, Smt. Poonam, on her first appearance for

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miscellaneous expenses. It is further provided that a sum of Rs.5,000/- shall remain deposited with the Mediation and Conciliation Centre of this Court. The parties shall appear before the Mediation Centre of this Court on 04.11.2024.

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6. The mediator is allowed two months' time to find out possible solution of the dispute between the parties and send his report to this Court regarding the outcome of mediation.

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7. List this case immediately thereafter alongwith the report of the mediator .

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8. Interim order, if any, shall continue to operate till the next date of listing.

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9. It is made clear that in case of any default or non-participation of the revisionist in the mediation proceedings, the interim order shall automatically come to an end without any further reference to this Court.

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10. When the case is listed next, the name of Sri Rajesh Kumar Awasthi, Advocate, shall be shown in the cause list as learned counsel for opposite party No.2.

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(Ajai Kumar Srivastava-I, J.)

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Order Date :- 17.10.2024 cks/-

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

Om Prakash @ Nanku v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and 2 Others

Case brief

What is this about?

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Om Prakash @ Nanku v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko and 2 Others

Case brief

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