Allahabad High Court
JAGAT ALIAS JAGATRAJ AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The application under Section 482 CrPC is dismissed as the applicants' conduct is deemed mischievous and an abuse of process.
Summary
The applicants filed an application under Section 482 of the Criminal Procedure Code seeking relief after a matter was referred to a Mediation Centre. The court noted that the applicants had failed to deposit the required Rs.20,000 with the Mediation Centre, resulting in no notice being issued to the second opposite party. Despite having obtained an interim order, the applicants' failure to comply with the mediation requirement was deemed mischievous and unfair. Consequently, the High Court dismissed the application under Section 482, observing the applicants' conduct. The dismissal reflects the court's view that the application was an abuse of process.
Issues considered
- Whether the application under Section 482 CrPC should be entertained when the applicants have not complied with the Mediation Centre's procedural requirement of depositing the stipulated amount.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Criminal Procedure Code
- Section 482
- Mediation
- Abuse of process
- Interim order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 33524 of 2024
Jagat Alias Jagatraj And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Awadhesh Prasad
Counsel for Opposite Party(s) : G.A., Ran Jeet Singh
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Case called out in the revise list. None appears to press this application.
2. On perusal of record, it is apparent that vide order dated 2.1.2025, matter
was referred to Mediation Centre and as per Mediation Centre report dated
7.2.2025, applicants have not deposited required amount of Rs.20,000/-
before Mediation Centre, as a result thereof, no notice has been issued to the
opposite party no.2.
3. Since, on the request of applicants' counsel, the matter was referred to
Mediation Centre but applicants have not deposited the amount before
Mediation Centre and applicants enjoyed interim order, as such, the act of
applicants 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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