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2014 DIGILAW 82 (RAJ)

Manoj Kumar v. State

2014-01-06

NISHA GUPTA

body2014
JUDGMENT This Criminal Misc. Application under Section 482 Cr.P.C. has been filed for correction/ modification/recalling of the order dated 13.11.2013 passed in SB Criminal Misc. Bail Application no.9831/2013. Contention of learned counsel for the applicant is that before the court below, no mediation proceedings have been undertaken by order dated 26.9.2013, the present applicant was instructed to join the investigation and the next date of hearing was 30.9.2013, ordersheet of which clearly reveals that no mediation report has been filed before the court below. Due to mistake on 26.9.2013, instead of investigation, mediation word has been written hence the order may be recalled and parties be referred to mediation as the matter relates to matrimonial dispute. Learned counsel for the petitioner also submits that in earlier order dated 13.11.2013, names of the counsel for the parties have not been rightly mentioned hence it is made clear on 2.1.2014 that Mr. Mahendra Gaur was appeared for the petitioner and Mr. Ashvin Garg was appeared for the complainant on that date which was already made clear vide order dated 2.1.2014. Learned Public Prosecutor and learned counsel for the complainant have opposed the application on the ground that bail application has been rejected not on the ground that mediation has been failed but on the merits of the case. If the present petitioner is still ready to mediate the issue he is competent to mediate before the trial court. With this observation, this petition is disposed of.