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Neutral Citation No. - 2025:AHC:78247 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 2772 of 2025 Petitioner :- Prakash And 3 Others Respondent :- State Of U.P. And Another Counsel for Petitioner :- Ajay Srivastava,Ankit Srivastava 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 03.01.2025 passed by Additional Sessions Judge, Court No.-32 Jhansi, whereby the learned lower revisional court rejected the Criminal Revision No. 99 of 2024 "Rakesh and others Vs. State of U.P. and another" filed by the petitioners against the summoning order dated 06.01.2023 and also set aside the order dated 06.01.2023 passed by Additional Civil Judge (J.D.) Court No.-2/Judicial Magistrate, Jhansi whereby the learned trial court took cognizance of the offence and issued summons against the petitioners/applicants to face the trial of Complaint Case No. 5441 of 2022 "Rajkumar Vs. Madan Singh and others" under Sections 147, 148, 323, 504 and 452 IPC, Police Station-Badagaon, District-Jhansi. 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 :- 13.5.2025 Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad