Neutral Citation No. - 2025:AHC:41577 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 2420 of 2025 Petitioner :- Islam And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Dinesh Kumar Pandey 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 impugned order dated 03.02.2025, passed by Additional Sessions Judge/FTC-II, Bijnor in Criminal Revision No. 406 of 2024 (Islam and another Vs. State of U.P.) as well as order dated 26.07.2023, passed by Additional Chief Judicial Magistrate-I, Bijnor in Misc. Case No. 720 of 2023 (Faraha Vs. Islam and others) whereby allowed the protest petition of respondent No. 2 and summoned the petitioners in Case Crime No. 035 of 2023 under Sections 376, 323, 506 IPC, Police Station-Nahtaur, District-Bijnor. 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 :- 21.3.2025/Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad