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2017 Supreme(All) 2567

ATTAU RAHMAN MASOODI
SANJAY KUMAR SINGH – Appellant
Versus
STATE – Respondent


Advocate Appeared:
For the Appellant :Satendra Kumar (Singh) and Satyendra Prakash Singh, Advocates
For the Respondent:Ashok Kumar Srivastava, Govt. Advocate

JUDGMENT :

ATTAU RAHMAN MASOODI, J.

1. Heard Sri Satyendra Kumar Singh, learned counsel for the petitioner and Sri Ashok Kumar Srivastava, who has put in appearance on behalf of opposite party no. 2. Sri Anurag Verma, learned AGA has appeared on behalf of the State.

2. This petition filed under Section 482 Cr.P.C., 1973 raises an interesting and pertinent question of law that has a bearing upon the settlements arrived at through Lok Adalats held under Section 19 of the Legal Services Authority Act, 1987 (hereinafter referred to as the Act of 1987). Cognizance of cases by Lok Adalats is provided for under Section 20 of the Legal Service Authority Act, 1987 which for ready reference is reproduced hereunder:

"20. Cognizance of cases by Lok Adalats.

-

(1) Where in any case referred to in clause (i) of sub-section (5) of section 19-

(i) (a) the parties thereof agree; or

(b) one of the parties thereof makes an application to the court, for referring the case to the Lok Adalat for settlement and if such court is prima facie satisfied that there are chances of such settlement; or

(ii) the court is satisfied that the matter is an appropriate one to be taken cognizance of by the Lok Adalat, the court































































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