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2025 DAILYLAW 30847 (ALL)

CHARANJEET KAUR @ CHARNEET KAUR AND 3 OTHERS v. STATE OF UP AND ANOTHER

A227/2592/2025 · 2025-03-18

Nand Prabha Shukla

body2025

Judgment text

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Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 2592 of 2025 Petitioner :- Charanjeet Kaur @ Charneet Kaur And 3 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Rajesh Dwivedi 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 present petition under Article 227 of the Constitution of India has been filed with a prayer to set-aside the order dated 09.01.2025 passed by Session Judge, Kanpur in Criminal Revision No.555 of 2024 as well as order dated 16.09.2025 passed by Judicial Magistrate, Court No.4, Kanpur Nagar in Complaint Case No.2455 of 2024, under Sections 323, 506 IPC at Police Station Govindnagar, District Kanpur Nagar. From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that prima facie no offence is made out against the petitioners. 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. Therefore, no interference is required. Accordingly, prayer of the applicants is refused. However, considering the prayer made by learned counsel for the petitioners, it is directed that in case the petitioners apply for bail before the concerned court within 30 days from today, the same shall be considered and disposed of expeditiously in the light of law laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773. For a period of 30 days from today or till the time of applying the bail application before the court concerned, whichever is earlier, no coercive action shall be taken against the petitioners in Complaint Case No.2455 of 2024, under Sections 323, 506 IPC at Police Station Govindnagar, District Kanpur Nagar. With the above observations, this petition stands disposed of. Order Date :- 19.3.2025/Monika Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad