Court No. - 53 Case :- APPLICATION U/S 482 No. - 3654 of 2009 Petitioner :- Satyaveer Singh And Others Respondent :- State Of U.P. & Others Petitioner Counsel :- Narendra Kumar Maurya Respondent Counsel :- Govt.Advocate,Arvind Kumar Srivastava,Nissaruddin Hon'ble Ashwani Kumar Singh,J.
Heard learned counsel for the applicant, learned counsel for the State and Sri
Arvind Kumar Srivastava learned counsel for the opposite party no.2.
It is pointed out by learned counsel for the respondent no.2 that once earlier
the mediation had failed when the matter was referred in the petition filed in
writ jurisdiction under Article 226 of the Constitution of India challenging the
first information report before this Court. This contention is averred in para 9
of the counter affidavit.
Now, through this petition filed under section 482 Cr. P.C. the applicants have
prayed for quashing the charge- sheet dated 2.12.2008 in case crime no.104 of
2008 and proceedings of case no.867 of 2008 (State v. Satyaveer Singh and
others) under sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P.Act P.S.Safai,
District Etawaha, pending in the court of Additional Chief Judicial
Magistrate-4, Etawaha.
This matter was again referred to Mediation Centre in the present petition.
Learned counsel for the opposite party no.2 submitted that on two dates the
opposite party no.2 was present for mediation but the applicant failed to turn
up.
Submission of the learned counsel for the opposite party no.2 has not been
controverted by learned counsel for the applicants.
I have considered the submissions made by learned counsel for either parties
and perused the material on record.
I am of the view that once the matter was taken up by the Mediation Centre
and an opportunity was availed, there was no necessity to send the matter
again to Mediation Centre. Probably, learned counsel for the applicants did
not point out this fact before the court when this petition was heard on the first
date. In totality of the matter, I do not find any ground to interfere in the
present petition under section 482 Cr.P.C. The petition is accordingly
dismissed.
However,it is provided that if the applicants appear before the court
concerned within thirty days from today and apply for bail, the court
concerned shall grant bail, and proceed further in accordance with law.
Order Date :- 22.7.2010
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