Allahabad High Court
PANKAJ KUMAR UPADHYAYversusSTATE OF U.P. AND 2 OTHERS
- Decided
Holding
The court held that the deposited money may be withdrawn and refunded to the petitioner, and the petition is dismissed.
Summary
The petitioner, Pankaj Kumar Upadhyay, filed a criminal miscellaneous writ petition seeking a refund of money he had deposited with the High Court's Mediation and Conciliation Centre after the opposite parties failed to appear, causing mediation to fail. The petitioner argued that, since the opposite parties had not withdrawn the amount, it should be returned to him. The court noted that a charge‑sheet had already been filed by the police, indicating that the substantive criminal proceedings were underway. Consequently, the court declined to grant any further indulgence in the petition concerning the charge‑sheet, but it exercised its jurisdiction over the mediation deposit. It directed that the deposited amount, which had not been withdrawn by the opposite parties, be allowed to be withdrawn by the petitioner and refunded. The petition was therefore dismissed and consigned to the records.
Issues considered
- Whether the amount deposited with the Mediation and Conciliation Centre should be refunded to the petitioner when the opposite parties did not appear.
- Whether the petition can be entertained in view of the filing of a charge‑sheet by the police.
Subjects
- mediation
- conciliation centre
- refund of deposit
- charge-sheet
- criminal miscellaneous writ petition
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. WRIT PETITION No. - 6994 of 2023
Pankaj Kumar Upadhyay
.....Petitioner(s)
Versus
State Of U.P. And 2 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ashutosh Mishra
Counsel for Respondent(s) : G.A.
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE INDRAJEET SHUKLA, J.
1. Heard Sri Ashutosh Mishra, learned counsel for the petitioner.
2. It is submitted that in this case the matter was sent to the Mediation and
Conciliation Centre of the High Court, however the opposite party did not
appear and hence mediation failed. He submits that the amount that was
deposited with the Mediation Centre by the petitioner which was to be
withdrawn by the opposite parties since has not been withdrawn is liable to
be refunded.
3. We have perused the office report which runs as under :
"It is most humbly submitted that as per report submitted by the
Legal Cell, O/o Director General of Police, Uttar Pradesh,
chargesheet has been filed.
Therefore, In view of above, the case is put up for order before
Hon'ble Court."
4. Thus, it is clear that in this matter, charge-sheet has already been
submitted by the police.
5. In the circumstances, we decline to grant indulgence in the matter any
further.
6. However liberty rest with the petitioner to apply before appropriate forum
questioning the charge-sheet by drawing appropriate proceedings. Insofar as
the money deposited with the Registrar of the Mediation and Conciliation
Centre of the High Court is concerned, since it has not been withdrawn the
CRLP No. 6994 of 2023
2
money meant to be paid to the opposite party shall be permitted to be
withdrawn by the petitioner and amount shall accordingly be refunded.
7. Petition is accordingly dismissed, consigned to records with aforesaid
liberty.
May 7, 2026
Pratima
(Indrajeet Shukla,J.) (Ajit Kumar,J.)
Digitally signed by :-
PRATIMA AGRAHARI
High Court of Judicature at Allahabad
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