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Allahabad High Court

DIPU SAHAversusState of U.P. AND ANOTHER

Decided

Holding

The application under Section 482 is dismissed as the applicant’s conduct is deemed mischievous and an abuse of process.

Summary

The applicant, Dipu Saha, filed an application under Section 482 of the Criminal Procedure Code seeking relief after a matter was referred to a Mediation Centre. The court had ordered the matter to be mediated on 21 October 2024, and the Mediation Centre required the applicant to deposit Rs. 305,000, which the applicant failed to do, as noted in the Mediation Centre report dated 7 December 2024. Consequently, no notice was issued to the second opposite party. The court observed that the applicant, having enjoyed an interim order, deliberately avoided depositing the required amount, characterising the conduct as mischievous and unfair. On this basis, the court dismissed the application under Section 482, noting the applicant’s abuse of the process. The dismissal was recorded on 14 May 2026.

Issues considered

  • Whether the applicant’s failure to deposit the required mediation amount constitutes an abuse of process justifying dismissal of the Section 482 application
  • Whether the court can dismiss a Section 482 application on the ground of mischievous or unfair conduct by the applicant

Legislation cited

Subjects

  • Section 482
  • Criminal Procedure Code
  • abuse of process
  • mediation
  • interim order
  • court discretion

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                     APPLICATION U/S 482 No. - 27715 of 2024

                                    Dipu Saha
                                                                                                     .....Applicant(s)
                                                                        Versus
                                    State of U.P. and Another
                                                                                                        .....Opposite
                                                                                                              Party(s)

                                    Counsel for Applicant(s)                   :   Kamlendra Singh Jadaun
                                    Counsel for Opposite Party(s)              :   Anand Pati Tiwari, G.A.

                                    Court No. - 74
                                                              HON'BLE DEEPAK VERMA, J.

                                    1. Case called out in the revse list. None appears to press this application. Sri
                                    Prashant Mishra, holding brief of Sri Anand Pati Tiwari, counsel for opposite
                                    party No.2, is present.

                                    2. On perusal of record, it is apparent that vide order dated 21.10.2024, matter
                                    was referred to Mediation Centre and as per Mediation Centre report dated
                                    07.12.2024, applicant has not deposited required amount of Rs.305,000/-
                                    before Mediation Centre, as a result thereof, no notice has been issued to the
                                    opposite party no.2.

                                    3. Since, on the request of applicant's counsel, the matter was referred to
                                    Mediation Centre but applicant has not deposited the amount before Mediation
                                    Centre and applicant enjoyed interim order, as such, the act of applicant
                                    seems to be mischievous and not fair, hence, the present application U/s 482
                                    is hereby dismissed with the aforesaid observation.

                                    May 14, 2026
                                    Fahad
                                                                                                (Deepak Verma,J.)




Digitally signed by :-
FAHAD NIYAZ
High Court of Judicature at Allahabad


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