Pleafor change in mediation place

at the earliest..

Thanx...

I wont be possible to change the place of mediation this could have been argued by your lawyer at the time of filing of the petition itself to pass orders for mediation at Allahabad HC Mediation centre itself.

Initially all mediations used to happen at Allahabad HC Mediation centre but may be due to the increase in number of cases and also development of local mediation centres this has been started practice of local mediation.

Do your orders passed by HC state that you should appear before the Magistrate and he should grant you Interim bail on furnishing personal bonds and fix mediation and post mediation results the final bail plea shall be decided.

thnx for your reply

yes they have given the same orders as asked by you. but whether request can be placed to HC judges to change the orders giving any ground for change of place.

Can you give the Case # I would like to read the order that is available online.

Pl. see the exact HC order :

Actually HC has given the similar order in the same format for all the similiar cases heard.

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The writ court is not competent to go into questions of facts and on the

allegations, it cannot be said that no prima facie case is disclosed.

Hence, the FIR cannot be quashed by this Court at this stage.

However, in view of the contention of the counsel for the petitioners that

dispute can be settled amicably between the parties, it is provided that if the

petitioners appear before the Magistrate concerned within three weeks from

today, the Magistrate concerned shall release the petitioners on interim bail on

their furnishing personal bonds. After releasing the petitioners on interim bail,

the Magistrate concerned shall himself or through any agency existing for

mediation/conciliation or counseling in the district send the matter for

mediation/conciliation or counseling and in case the matter is amicably

resolved in the said proceedings, the Investigating Agency and the court

concerned may take a decision as to whether final report may be submitted or

appropriate orders be passed in the criminal proceedings. The mediating

agency shall inform the factum of success or failure of the mediation within

one week of conclusion of the mediation/conciliation proceedings. In case the

matter could not be resolved in the mediation proceedings, the court

concerned may consider the matter of final bail on merits in accordance with

law.

For a period of three weeks from today or till the petitioners appear/surrender

before the court below and apply for bail (whichever is earlier), the petitioners

shall not be arrested in the aforesaid case.

It is made clear that if the petitioners fail to appear before the court concerned

for the purpose of applying for bail within the time allowed, no further

extension will be given.

With the aforesaid observations, this petition is disposed of.

The case has been disposed off by HC so there is no use filing another plea do follow the orders and apply for Interim bail and then secure final bail post mediation.