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2025 DAILYLAW 169058 (ALL)

PRADEEP KUMAR v. SMT. SHOBHA TRIPATHI AND 2 OTHERS

/1428/2024 · 2025-01-31

Om Prakash Shukla

body2025

Judgment text

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Court No. - 30 Case :- CRIMINAL REVISION No. - 1428 of 2024 Revisionist :- Pradeep Kumar Opposite Party :- Smt. Shobha Tripathi And 2 Others Counsel for Revisionist :- Aditya Tiwari Counsel for Opposite Party :- Sanjai Srivastava,Anchit Srivastava,Ruby Shukla,Sanjai Srivastava Hon'ble Om Prakash Shukla,J. Heard learned counsel for revisionist and learned counsel for the opposite parties. Vide order dated 26.11.2024, this Court had passed the following order:- "1. Heard Sri Aditya Tiwari, learned counsel for the revisionist. 2. Issue notice to opposite party No.1 only as the opposite parties No.2 and 3 are minor, returnable at an early date. 3. Steps be taken within ten days. 4. List this case 16.01.2025 alongwith service report. On which date, the revisionist and opposite party No.1 shall appear in person before this Court so that the possibility of amicable settlement of their dispute through the process of mediation may be explored. 5. It is made clear that there is no interim order operating in this matter." On the last occasion on 16.1.2025, despite the order dated 26.11.2024, leaned counsel for the revisionist had sent an illness slip. Accordingly, the co-ordinate Bench of this Court had passed the following order on 16.01.2025:- "Case called out. None appears for the revisionist. Vakalatnama filed by Shri Sanjai Srivastav, Advocate on behalf of respondent no.1 is taken on record. His name shall be printed in the cause list as counsel for the respondent no.1 when the case is next listed. In compliance of the order dated 26.11.2024, respondent no.1 is present before this Court, who has been identified by her Counsel. Shri Aditiya Tiwari, learned counsel for the revisionist has sent illness slip. Vide order dated 26.11.2024 passed by this court the revisionist was directed to remain present before this Court so that possibility of amicable settlement through mediation may be explored. On account of illness slip of learned counsel for the revisionist, the matter is adjourned. List this case on 31.1.2025. On the next date of listing, the revisionist and respondent no.1 shall appear before this Court in terms of earlier order dated 26.11.2024. The revisionist shall deposit a sum of Rs.50,000/- before the Senior Registrar of this Court by the next date of listing. It is made clear that in case, on the next date of listing, the revisionist does not appear or does not deposit the aforesaid amount in either case, the bailable warrant shall be issued against the revisionist." Today, when the case is called out, none is present on behalf of the revisionist. In view of above, the revision is dismissed for non prosecution. The order has been passed in presence of learned counsel for the opposite party no.1. [Om Prakash Shukla,J.] Order Date :- 31.1.2025/Raj Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench