Allahabad High Court
Riyaz And Others vs State Of U.P. Thru. Prin. Secy. ... on 11 November, 2022
Bench: Ajai Kumar Srivastava-I
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 15
Case :- APPLICATION U/S 482 No. - 6328 of 2022
Applicant :- Riyaz And Others
Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another
Counsel for Applicant :- Pramod Kumar Singh,Manish Mehrotra
Counsel for Opposite Party :- G.A.
Hon'ble Ajai Kumar Srivastava-I,J.
Case called out.
No one responded on behalf of the applicants.
Learned A.G.A. for the State is present.
Sri Pramod Kumar Pandey, Advocate has put in appearance on behalf of opposite party No.2 by filing his vakalatnama in Court today, which is taken on record.
This Court on 14.09.2022 has passed the following order:-
"1. Heard learned counsel for the applicants as well as the learned Additional Government Advocate, representing respondent no. 1-State, and gone through the record.
2. Submission made on behalf of the applicants is that if the matter is referred to the Mediation & Conciliation Center of this Court there is every likelihood of the matter being settled between the parties through the process of mediation.
3. Let notice be issued to respondent no. 2 on taking appropriate steps within two days.
4. Station House Officer, Police Station Gosaiganj, District Sultanpur is directed to ensure presence of respondent no. 2 before this Court on the next date of listing of the matter to ascertain her consent for referring the matter to the Mediation Center.
5. The applicants are granted one week's time to appear before the trial Court and obtain bail. If they surrender before the trial Court within 10 days from today and apply for regular bail, their bail application should be considered by the learned trial Court, taking into consideration order dated 07.10.2021 read with judgment dated 11.07.2022 of the Supreme Court rendered in the case of Satender Kumar Antil vs Central Bureau of Investigation & Ors: SLP(Crl) No.5191 of 2021.
6. Applicant no. 1 is directed to deposit Rs.50,000/- (Rupees fifty thousand) before the Mediation Center till the next date of listing. In case the respondent no. 2 appears before this Court and gives consent for referring the matter to the Mediation Center, out of the said amount, Rs. 45,000/- (Rupees forty five thousand) shall be released in her favour.
7. Let the matter be listed on 11.11.2022."
In compliance with the said order, the opposite party no.2 is present before this Court today and she has been identified by her counsel. However, even today the applicant no.1 is not present the Court.
Having regard to the fact that the applicant no.1 is not present today before this Court, thus, the possibility of amicable settlement of dispute between the applicants and opposite party no.2 through the process of mediation could not be explored.
Accordingly, list this matter in the week commencing 09.01.2023.
Order Date :- 11.11.2022
A.Dewal
