Ashutosh Pathak v. State of U.P. Thru. Prin. Secy. Deptt. of Home, Lko. and Another

Court No. - 12 Case :- CRIMINAL REVISION No. - 1049 of 2023 Revisionist :- Ashutosh Pathak Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lko. And Another Counsel for Revisionist :- Vijyant Nigam Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J.

¶1On 9.10.2023, following order was passed:-

¶1On 25.09.2023, following order was passed: "1. Heard learned counsel for the revisionist and learned A.G.A. for the State.

¶2The present criminal revision is filed against the order dated 25.8.2023 passed by the learned Civil Judge (J.D.)/F.T.C. Crime Against Women, Sultanpur in Criminal Case No.9474 of 2018.

¶3Learned counsel for the revisionist submits that due to some matrimonial dispute on the basis of incorrect facts, F.I.R. in question was lodged. He further submits that there is a possibility of settlement in case, matter is sent to the mediation center of this Court.

¶4List this case on 9.10.2023.

¶5On the next date, revisionist as well as private respondent shall appear before this Court.

¶6The S.H.O., Police Station Kotwali Nagar, Sultanpur is directed to ensure the presence of private respondent, namely, Shikha Pathak, W/o Ashutosh Pathak, R/o SI 27, Police Line Colony, Police Station Kotwali Nagar, Sultanpur, before this Court. "

¶2In pursuance of earlier order, revisionist is present.

¶3Sub Inspector Syed Niyadi Hussain, P.S. Kotwali Nagar, District-Sultanpur is also present.

¶4Mr. Siddharth Singh, Advocate put in appearance on behalf of private respondent and informed that on the information given by the Station House Officer, P.S.- Kotwali Nagar, Sultanpur, private respondent came to know about the present case and also requested that the case may be listed on 20.11.2023 as on the next date, private respondent shall appear before this Court.

¶5Accordingly, list this case on 20.11.2023.

¶6Revisionist is directed to deposit Rs.1,00,000/- before the Senior Registrar of this Court within a period of three weeks' from today.

¶7Impugned proceedings shall remain stayed till the next date of listing.

¶8In case, the aforesaid amount is not deposited within the stipulated period, the interim protection shall be vacated automatically.

¶9Presence of officer is hereby dispensed with.

¶2Learned counsel for the parties informed that Transfer Petition (Criminal) No.640/2023 was filed by the private respondent before Hon'ble The Supreme Court for transferring the proceeding of the case related to Section 125 Cr.P.C.

¶3In the aforesaid case, on the request of parties, matter was referred to the Mediation Center of Hon'ble The Supreme Court and 7.11.2023 was fixed, therefore, learned counsel for the applicant does not want to press the present application and he also admitted that as matter is also going on before the Supreme Court, therefore, Rs.1,00,000/- was not deposited before this Court.

¶3In view of the above, the present application under Section 482 Cr.P.C is dismissed as not pressed. Order Date :- 20.11.2023 Gaurav/- High Court of Judicature at Allahabad, Lucknow Bench High Court of Judicature at Allahabad, Lucknow Bench