Neutral Citation No. - 2025:AHC:41562 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 2410 of 2025 Petitioner :- Bhupendra Respondent :- State Of U..P. And Another Counsel for Petitioner :- Kamlesh Kumar Dwivedi,Prashank Mishra Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, 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 petitioner has prayed to set aside the impugned order dated 11.12.2024 passed by learned Additional District and Sessions Judge, Court No. 17, Meerut in Criminal Revision No. 241 of 2024 Bhupendra Versus Nishkam Tyagi and another and summoning order dated 17.01.2024 passed by learned Chief Judicial Magistrate, Meerut in Criminal Case No. 1717 of 2023 State of U.P. Vs. Virendra Singh and others, arising out of Case Crime No. 74 of 2023, under Section 406 IPC, Police Station-Sadar Bazar, District-Meerut. 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 petitioner. 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 petitioner is refused. However, in view of the submissions, it is provided that in case the petitioner moves 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 petitioner. 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