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2025 DAILYLAW 14553 (ALL)

BANSHRAJ AND ANOTHER v. STATE OF U.P. AND ANOTHER

A227/1370/2025 · 2025-05-18

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83284 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 1370 of 2025 Petitioner :- Banshraj And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Rajesh Kumar Counsel for Respondent :- Ajay Kumar Srivastava,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. By means of the present petition under Article 227 of the Constitution of India, the petitioners have prayed to set aside the impugned judgment and order dated 02.01.2025 passed by Sessions Judge, Bhadohi in Criminal Revision No. 184 of 2023 (Banshraj and another Vs. State of U.P. and another) as well as order dated 07.10.2023 passed by Additional Chief Judicial Magistrate, Gyanpur Bhadohi in Complaint Case No. 1113 of 2017 (Usha Devi Vs. Pramod Kumar @ Kariya and others). 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 discharge application within a period of six weeks from today, the same shall be disposed of by the trial court by a reasoned and speaking order in accordance with law. For a period of six weeks or till the disposal of the discharge application, whichever is earlier, no coercive action shall be taken against the petitioners. With the aforesaid direction, this petition is disposed of. Order Date :- 19.5.2025 Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad