Allahabad High Court
Manish Kumar vs State Of U.P. And 2 Others on 30 July, 2020
Equivalent citations: AIRONLINE 2020 ALL 1716
Bench: Shashi Kant Gupta, Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 32 Case :- CRIMINAL MISC. WRIT PETITION No. - 4709 of 2020 Petitioner :- Manish Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gyan Chandra Yadav Counsel for Respondent :- G.A.,Vivek Saran Hon'ble Shashi Kant Gupta,J.
Hon'ble Mrs. Manju Rani Chauhan,J.
Heard the learned counsel for the petitioner, learned counsel for the complainant and learned A.G.A. for the State and perused the record. This writ petition has been file for the following relief:
" Issue a writ, order or direction in the nature of mandamus to refer the matter before mediation and conciliation center of this Hon'ble Court to settle the dispute arisen in between the petitioner and respondent no. 3."
This court by its order dated 23.4.2020 had passed the following order:
"This writ petition has been filed by the petitioner with a prayer to refer the matter before Mediation and Conciliation Centre of this Court to settle the dispute between the petitioner and the respondent no. 3.
Perused the FIR and the pleadings as has been averred in the present writ petition which is supported by an affidavit.
The office has placed objection/reply received from the learned Additional Government Advocate in the present matter, the same is taken on record and considered by the Court.
It transpires from the pleadings made in the present writ petition particularly in para-5 that the petitioner along with seven others persons had earlier approached before this Court by way of filing a Criminal Misc. Writ Petition No. 3344 of 2020 (Manish Kumar and others Vs. State of U.P. and others) in which a co-ordinate Bench of this Court disposed of the same on 25.2.2020. On going through the said order annexed as Annexure-2 to the writ petition, it transpires that while disposing of the said writ petition, an interim order staying the arrest till submission of police report under Section 173(2) Cr.P.C. was passed so far it related to the petitioner nos. 2 to 8 therein only. So far as it related to the petitioner no. 1 i.e. the present petitioner being husband of the of the victim, the writ petition was dismissed by the same order giving him liberty to apply for bail/anticipatory bail and now the present petitioner, who is husband, has come up with the prayer to refer the matter before Mediation Centre. It does not transpire from the pleadings made in the writ petition whether the petitioner has applied for bail/anticipatory bail after the order dated 25.2.2020 passed by this Court in the aforesaid writ petition or not. Even the question of referring the matter to the Mediation and Conciliation Centre was concern, was available to the petitioner in his previous writ petition in which his prayer for quashing of the First Information Report and staying of arrest was refused.
In view of the same, it appears to be a second inning played by a person who has failed previously before this Court and has come up again with a totally different prayer and the object of the petitioner appears to somehow defeat the order passed by this Court on earlier date and to linger on the process. In view of the above, we are not inclined to pass any order at this stage as it is not an extremely urgent matter to exercise our jurisdiction.
List the matter on 03.7.2020 before the appropriate Court.
In view of the observations made in the aforementioned order, we do not see any justification to interfere in the matter. The writ petition is accordingly dismissed.
Order Date :- 30.7.2020 MLK