Allahabad High Court High Court

Balram And Others vs State Of U.P. & Another on 5 January, 2010

Allahabad High Court
Balram And Others vs State Of U.P. & Another on 5 January, 2010
Court No. - 55

Case :- CRIMINAL REVISION No. - 5685 of 2009

Petitioner :- Balram And Others
Respondent :- State Of U.P. & Another
Petitioner Counsel :- Ajay Kumar Mishra
Respondent Counsel :- Govt. Advocate

Hon'ble Vijay Kumar Verma,J.

Heard learned counsel for the revisionists and the learned A.G.A.
By means of this Revision under section 397 of the Code of Criminal Procedure (in
short, ‘the Cr.P.C.’), the revisionists/accused have challenged the summoning order
dated 07.10.2009 passed by the Judicial Magistrate, Court No. 11, Jhansi in case no.
1449/2009 (Girja Devi Vs. Balram and others) under section 498A, 323, 504, 506 IPC
and ¾ D.P. Act, P.S. Mahila Thana Nawabad, District Jhansi.

It is submitted by learned counsel for the revisionist that the matter be referred
to the Mediation Centre, High Court, Allahabad, as there are chances to settle the
dispute by the parties.

The matter is, therefore, with the consent of the revisionists referred to the
Mediation Centre, Allahabad High Court. The revisionists shall deposit Rs.5,000/-
within two weeks before the Mediation Centre by bank draft in the name of Smt. Girja
Devi w/o Balram payable at Jhansi. The said bank draft shall be handed over to her on
her appearing before the Mediation Centre towards her expenses for attending
mediation sessions with her escort.

The Registry will send a notice through the CJM concerned within a week fixing
05.04.2010 for appearance of the wife, before the Mediation Centre at Allahabad High
Court and it shall be mentioned in the notice that the bank draft of Rs.5,000/- deposited
by the revisionists shall be paid to her when she appears before the Centre. On that
date, and on any future dates as directed by the Centre, the husband/revisionist Balram
and the wife aforesaid will appear before the Centre.

The Registry will send information of this order to the Mediation Centre within a
week.

The Centre shall submit a report to this Court within one month from the date of
appearance of the parties before it.

In case of any default by the husband in making the appearances before the
Mediation Centre on the dates fixed or making the aforesaid payment as directed above,
the stay granted by this order shall stand automatically vacated forthwith.

Let this case be listed on 04.05.2010 along with the report of the Mediation
Centre.

Till the next date of listing, further proceedings of the aforesaid case shall remain
stayed.

In case there is any default by the revisionists as above, the Mediation Centre
should immediately communicate this fact to the office and office will list the case within
a week before the Bench concerned, which may pass order for vacation of the order.

On the next date, the case will not be treated as tied up to this Bench and shall be
listed before the appropriate Bench.

Copy of this order will not be issued unless steps are taken.
Order Date :- 5.1.2010
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