ROHIT RATHAUR AND 4 OTHERS v. STATE OF U.P. THRU. SECY. DEPTT. HOME CIVIL SECTT. LKO AND 2 OTHERS
CRLP/315/2025 · 2025-02-12
Brij Raj Singh, Vivek Chaudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 114487 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 114487 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:9168-DB Court No. - 10 Case :- CRIMINAL MISC. WRIT PETITION No. - 315 of 2025 Petitioner :- Rohit Rathaur And 4 Others Respondent :- State Of U.P. Thru. Secy. Deptt. Home Civil Sectt. Lko And 2 Others Counsel for Petitioner :- Ram Chandra Dwivedi,Uday Pratap Singh Counsel for Respondent :- G.A. Hon'ble Vivek Chaudhary, J. Hon'ble Brij Raj Singh, J.
1. Heard Sri Uday Pratap Singh, learned counsel for the petitioners, learned A.G.A. for the State-opposite parties no.1 and 2 and Sri Roshan Kumar Khatri, learned counsel, who has filed power on behalf of opposite party no.3, which is taken on record. 2. Ms. Chandini Rathuar, opposite party no.3 is present in furtherance of the order dated 23.01.2025 passed by this Court, which reads as follows:-
"1. Heard learned counsel for the petitioners and learned A.G.A., who appears for opposite parties no. 1 and 2. 2. This writ petition has been filed with the following main prayer :-
"(i) a writ, order or direction in the nature of certiorari to quash impugned First Information Report registered at FIR/Case Crime No. 602/2024, under section-85, 115 (2), 324 (4), 351 (2), 352, 76 B.N.S. & 3/4 D.P.Act Police Station-Thakurganj, District Lucknow dated 19.12.2024 lodged by opposite party no.3 against the petitioners which is contained as ANNEXTURE NO.1 to this petition."
3. Having gone through the impugned F.I.R., we find that dispute is matrimonial in nature and can be settled amicably through mediation. 4. Learned counsel for the petitioners states that petitioner no.1-Rohit Rathaur is willing to deposit some amount to show his bona fide to take part in the mediation proceedings. 5. We direct the petitioner no.1-Rohit Rathaur to make out bank draft of Rs.20,000/- (Rupees Twenty Thousands) in favour of opposite party no.3. 6. We also direct learned AGA to inform SHO/opposite party No.2 to produce opposite party no.3 before this Court on the next date of listing to ascertain as to whether she is willing to resolve the dispute through Mediation and Conciliation Centre of this Court or not. 7. List this case on 05.02.2025, on which date, the petitioner no.1-Rohit Rathaur shall appear in person along with aforesaid bank draft. 8. Till the next date of listing, petitioners, Rohit Rathaur, Medi Lal, Mullu alias Mool Chandra, Smt. Shanti and Sudha Rathaur, shall not be arrested in pursuance to the impugned F.I.R."
3.
Thereafter, the case was taken up on 05.02.2025 and this Court passed the following order:-
"List on 12.02.2025. Interim order, if any granted earlier, shall continue to operate till the next date of listing. Earlier order of personal appearance shall also remain in operation till the next date of listing."
4. Sri Uday Pratap Singh, learned counsel for the petitioners submits that despite the aforesaid order was duly communicated to petitioner no.1, he has not present today. He further submits that petitioner no.1-Rohit Rathuar did not appear before this Court on 05.02.2025 nor he has also produced the bank draft as promised before this Court. 5. In view thereof, writ petition is dismissed with caution to the petitioners particularly petitioner no.1-Rohit Rathuar not to repeat such act in future. Interim order granted on 23.01.2025 stands vacated. . (Brij Raj Singh, J.) (Vivek Chaudhary J.) Order Date :- 12.2.2025 Rao/- Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench