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2025 DAILYLAW 18200 (ALL)

SUNEEL KUMAR AND 2 OTHERS v. STATE OF UTTAR PRADESH AND ANOTHER

A227/1853/2025 · 2025-05-21

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:86576 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 1853 of 2025 Petitioner :- Suneel Kumar And 2 Others Respondent :- State Of Uttar Pradesh And Another Counsel for Petitioner :- Ranjeet Asthana 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. By means of the present petition under Article 227 of the Constitution of India, the petitioners have prayed to set aside the order dated 23.07.2024 passed by the Court of learned Judicial Magistrate, Civil Court, Maharajganj in Complaint Case No. 8965 of 2022, C.N.R. No. U.P.M.H.-0401-2411-2022 (Pooja Versus Suneel Kumar and others under Section 498 IPC and Section 3/4 Dowry Prohibition Act, P.S. Nautanwa, District-Maharajganj and against the order dated 02.12.2024 passed by Sessions Judge, Maharajganj in Criminal Revision No. 169 of 2024, C.N.R. No. U.P.M.H.010051982024 (Suneel Kumar and others Versus State of U.P. and another). 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. 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 :- 22.5.2025/Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad