Court No. - 27 Case :- APPLICATION U/S 482 No. - 2251 of 2010 Petitioner :- Manish @ Chhuttan And Others Respondent :- State Of U.P. And Another Petitioner Counsel :- Mohd. Irfan Respondent Counsel :- Govt. Advocate Hon'ble Rajesh Chandra,J.
The petition has been filed under Section 482 Cr.P.C. with a
prayer that the orders dated 17.08.2009 and 03.12.2009
passed by C.J.M. Agra, in Criminal Case No. 9919 of 2009,
under Sections 498-A, 323, 506 I.P.C. and Section 3/4 Dowry
Prohibition Act, P.S. Tajganj, District Agra, may be quashed.
The learned counsel for the applicants pointed out that after
filing of the charge sheet in Criminal Case No. 9919 of 2009,
one Criminal Misc. Writ Petition No. 23840/08 was filed
under Section 482 Cr.P.C. in which the parties were referred
to the Mediation Center vide order dated 11.11.2008 and it
was ordered that the case be listed on 17.11.2008. It was
ordered that till then no coercive steps should be taken by the
Court below in the said case. Learned counsel informed that
the said writ petition no. 23840/08 is still pending but the
Magistrate has issued bailable warrant against the applicants
vide order dated 17.08.2009 mentioning therein that the stay
order of the High Court was only upto 17.11.2008.
I have considered over the matter. Since the Mediation
proceedings are pending in the Mediation Center of the High
Court as ordered in writ petition no. 23840/08 and that writ
petition has yet not been decided, it is proper that the
execution of the warrant as issued by the Lower Court is
stayed.
The application is admitted.
Issue notice to the Opposite Party no. 2 returnable at an early
date.
The applicants are directed to take appropriate steps by
registered post (A.D.) within a week. The Opposite Party no.
2 shall file the counter affidavit within 3 weeks after the
service of the notice and thereafter the applicants may file the
rejoinder affidavit with the next two weeks.
Learned A.G.A. has already received the copy of the
application and may file the counter affidavit if any in the
intervening period.
List thereafter, before the appropriate bench.
The proceedings of the Lower Court in Criminal Case No.
9919 of 2009 under Sections 498-A, 323, 506 I.P.C. and
Section 3/4 Dowry Prohibition Act, P.S. Tajganj, District-
Agra, shall remain stayed till next date of listing.
Connect this petition with Criminal Misc. Application no.
23840/08.
Order Date :- 4.2.2010
Mustaqueem Ahmed