Court No. - 43 Case :- CRIMINAL MISC. WRIT PETITION No. - 13675 of 2009 Petitioner :- Jarry Mayrlled Respondent :- State Of U.P. And Others Petitioner Counsel :- Pankaj Dwivedi Respondent Counsel :- Govt. Advocate,Sushil Pandey Hon'ble Ravindra Singh,J.
Hon’ble Naheed Ara Moonis,J.
Heard learned counsel for the opposite party no.3 and the learned AGA for
the State of U.P.
This recall application has been filed by the respondent no.3 with a prayer that
the order dated 16.7.2009 passed by this Court may be recalled.
It is contended by the learned counsel for the respondent no.3 that in
compliance of the order dated 16.7.2009, the petitioner has not deposited the
amount of Rs.8,000/- and the proceedings of conciliation are not going on,
even then the petitioner is not being arrested only because of the order dated
16.7.2009 has been passed.
From the perusal of the order dated 16.7.2009, it appears that the order dated
16.76.2009 is a conditional order and it does not require any modification.
The order itself is clear that in case the amount of Rs.8,000/- is not deposited
it shall be open to the Investigating Officer to arrest the petitioner. In case the
compliance of the order dated 16.7.2009 has not been made the Investigating
Officer is free to make the arrest of the petitioner.
In view of the above observations, the order dated 16.7.2009 does not require
any modification and the prayer for modification is refused.
This application is accordingly disposed of.
Order Date :- 16.7.2010
Mustaqeem.