Allahabad High Court
SUBHASHCHAND AND 3 OTHERSversusState of U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The High Court dismissed the application, holding that no interference with the interim order is warranted.
Summary
The applicants filed an application under Section 482 of the Code of Criminal Procedure seeking interference with an interim order. The court had earlier referred the matter to the Mediation and Conciliation Centre, directing the applicants to deposit money before notices could be issued. The mediation report showed the applicants failed to comply with the deposit order, yet they obtained an interim order by claiming prospects of settlement. The High Court examined the complaint and statements under Sections 200 and 202 of the Cr.P.C. and found a prima facie case of offence against the applicants, concluding that the applicants had improperly enjoyed the interim relief. Consequently, the court held that no interference was warranted and dismissed the application.
Issues considered
- Whether the High Court can set aside the interim order granted to the applicants for non‑compliance with the mediation deposit direction
- Whether the applicants' conduct in obtaining the interim order amounts to abuse of the court's process
Legislation cited
- Code of Criminal Procedure, 1973 — s. 200, 202, 482
Subjects
- mediation
- interim order
- Section 482 Cr.P.C.
- non‑compliance
- court interference
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 9158 of 2024
Subhashchand And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Romeshwari Prasad
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Case called out in revised list. No one appeared to press this application
on behalf of applicants.
2. On perusal of record, it is evident that vide order dated 09.04.2024, the
matter was referred to Mediation and Conciliation Centre, High Court,
Allahabad. As per Mediation report dated 26.07.2024, the applicants have
not complied the order dated 09.04.2024 with regard to deposit of money,
hence the notices could not be issued to the opposite parties. On the requ
est of the applicants, the matter was referred to Mediation and C
onciliation Centre. In the garb of chances of settlement between the
parties, the applicants got interim order and did not deposit amount before
the Mediation and Conciliation Centre as directed by the Court. The act of
the applicant is not fair and cannot be accepted. On perusal of complaint
as well as statement recorded under Sections 200 Cr.P.C. and 202 Cr.P.C.,
prima facie, offence is made out against the applicants. The applicants
have enjoyed the interim order.
3. No interference is warranted by this Court.
4. The application is, accordingly, dismissed.
(Deepak Verma,J.)
May 18, 2026
Meenu Singh
Digitally signed by :-
MEENU SINGH
High Court of Judicature at Allahabad
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