Amresh Patel vs State of U.P. Thru. Secy. Home Civil Sectt. Lko and Another — Allahabad HC (2025) — LawSathi Research

Amresh Patel vs State of U.P. Thru. Secy. Home Civil Sectt. Lko and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim, conditional protection from coercive action: petitioner directed to deposit Rs. 2.5 lakhs before the Senior Registrar within one month; notice issued to opposite party No. 2; case listed on 7.7.2025 with the petitioner to appear in person; on default of deposit, the trial court may proceed in accordance with law.

Issue for consideration

Whether the coercive steps taken to secure the petitioner's appearance in the complaint case (arising from alleged non-delivery of possession of a registered property despite payment of the entire sale consideration) should be restrained, in view of the petitioner's offer to refund the amount and settle the matter through mediation.

Court's answer

To test the bona fides of the petitioner, the Court directed him to deposit Rs. 2.5 lakhs before the Senior Registrar of this Court within the next one month.

Ratio / Principle

Interim protection was made conditional on the deposit: if the petitioner deposits the said amount, no coercive action shall be taken against him; if he fails to deposit, the benefit of the order shall not be available to him and the trial court will be at liberty to proceed against him in accordance with law.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Alok Mathur, J. — Application U/S 482 No. 4629 of 2025, order dated 29.5.2025. Proceedings arose from a complaint by opposite party No. 2 before the Additional Chief Judicial Magistrate, CBI, Lucknow alleging that although the complainant paid the entire sale consideration for a property purchased from the petitioner and the sale stood registered, possession was never delivered. After summoning orders, the petitioner appeared and obtained bail but later ceased appearing, whereupon coercive steps for appearance were adopted and challenged before the High Court. Learned counsel submitted the petitioner was ready and willing to repay the complainant and sought resolution through mediation. The Court, to test his bona fides, directed a deposit of Rs. 2.5 lakhs with the Senior Registrar within one month, issued notice to opposite party No. 2, and listed the matter for 7.7.2025 directing personal appearance; on deposit, no coercive action is to be taken, and on default the trial court is free to proceed in accordance with law.

Court No. - 12 Case :- APPLICATION U/S 482 No. - 4629 of 2025 Applicant :- Amresh Patel Opposite Party :- State Of U.P. Thru. Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Mohd. Tanveer Counsel for Opposite Party :- G.A.

Hon'ble Alok Mathur,J.

Heard Sri Mohd. Tanveer, learned counsel fort the petitioner and A.G.A. for the Stat.e

It has been stated that the proceedings were initiated on the complaint made by opposite party No.2 against the petitioner before Additional Chief Judicial Magistrate, CBI, Lucknow alleging that the complainant has purchased property consideration of which was paid in favour of the petitioner but despite the said property having been registered no possession of the said property has been given to the complainant though entire sale consideration has been paid. It is in aforesaid circumstances that the summoning orders were issued and the petitioner had appeared before the trial court and obtained bail but it seems that subsequently they have not appeared in the trial due to which coercive method for appearance has been adopted which have been challenged before this Court in the present proceedings.

Learned counsel for the petitioner submits that the is ready and willing to pay back the money to the complainant and further submtis that the matter can be resolved through the process of mediation.

To test the bonafide of the petitioner, let him deposit Rs.2.5 lakhs before the Senior Registrar of this Court within next one month.

Issue notice to opposite party No.2.

List this case on 7.7.2025 on which date the petitioner shall appear in person.

In case, the petitioner deposits the said amount then no coercive action shall be taken against him but if he fails to deposit the said amount the benefit of this order shall not be available to him and the trial court will be at liberty to proceed against him in accordance with law.

(Alok Mathur, J.)

Order Date :- 29.5.2025RKM.

Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench