Allahabad High Court
MOHAMMAD FAISAL AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The application under Section 528 of the BNSS Act is dismissed.
Summary
The applicants filed an application under Section 528 of the BNSS Act seeking relief. The matter had earlier been referred to a Mediation Centre, where the applicants were required to deposit Rs.25,000 but failed to do so, resulting in no notice being issued to the second opposite party. Despite enjoying an interim order, the applicants did not comply with the mediation requirement. The court observed that the applicants’ conduct was mischievous and unfair. Consequently, the court dismissed the application under Section 528 of the BNSS Act with that observation.
Issues considered
- Whether the failure of the applicants to deposit the required mediation amount justifies dismissal of the application under Section 528 of the BNSS Act.
Legislation cited
- Bail and Non Surrender (BNSS) Act — s. 528
Subjects
- mediation
- Section 528
- BNSS Act
- application dismissal
- interim order
- misconduct
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 46142 of 2025
Mohammad Faisal And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Shadab Alam
Counsel for Opposite Party(s) : G.A., Istyak Khan
Court No. - 74
HON'BLE DEEPAK VERMA, J.
Heard applicants' counsel and Sri Istyak Khan, counsel for informant.
On perusal of record, it is apparent that vide order dated 21.11.2025, matter was
referred to Mediation Centre and as per Mediation Centre report dated 15.04.2026,
applicants have not deposited required amount of Rs.25,000/- before Mediation
Centre, as a result thereof, no notice has been issued to the opposite party no.2.
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 528 BNSS is hereby
dismissed with the aforesaid observation.
(Deepak Verma,J.)
May 18, 2026
Nitin Verma
Digitally signed by :-
NITIN KUMAR VERMA
High Court of Judicature at Allahabad
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