Neutral Citation No. - 2025:AHC:109646 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 16218 of 2024 Petitioner :- Santosh Kumar Yadav And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Prem Chandra Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record. The instant petition under Article 227 of the Constitution of India has been filed with a prayer to issue an order or direction in the nature of certiorari for setting aside the impugned summoning order dated 31.08.2022 passed by the learned Additional Civil Judge (Junior division) New Court IIIrd/Judicial Magistrate, Jaunpur in Complaint Case No. 899 of 2017 (Nirmala Devi vs. Santosh) under Sections 323, 504, 506 I.P.C., Police Station Machchalishahr, District Jaunpur as well as order dated 07.10.2024 passed by the learned Sessions Judge (Fast Track Court) IInd, Jaunpur in Criminal Revision No. 378 of 2023 (Santosh Kumar Yadav and another Vs. State of U.P. and another), Machchalishahr, District Jaunpur. From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that no offence is made out against the petitioners. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court. Only in cases where the Court finds that there has been failure of justice or misuse of judicial mechanism or procedure, sentence or order was not correct, this power may be exercised to prevent the abuse of process of miscarriage of justice. Accordingly, prayer of the petitioners is refused. However, in view of the submissions, it is provided that in case the petitioners move an application for discharge at an appropriate stage through counsel within 30 days, the same shall be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within two weeks thereafter. For a period of 30 days or till the disposal of the discharge application, whichever is earlier, no coercive measures shall be taken against the petitioners in the aforesaid case. With the aforesaid direction, this application is disposed of. Order Date :- 10.7.2025 Aditya Tripathi Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad