HARANCHARAN @ HARCHARAN @ RAGHUVAR v. STATE OF U.P. AND ANOTHER
A227/3524/2025 · 2025-05-16
Nand Prabha Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39932 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39932 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:82149 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 3524 of 2025 Petitioner :- Harancharan @ Harcharan @ Raghuvar Respondent :- State of U.P. and Another Counsel for Petitioner :- Lavesh Sharma,Ravindra Sharma 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 21.06.2024 passed by Additional Chief Judicial Magistrate, Court No. 6, Agra in Case No. 14608 of 2024 State Vs. Harcharan @ Raghuvar and others under Sections 307, 323 IPC, Police Station-Khera Rathaur, Agra and revisional order dated 08.11.2024 passed by Additional District and Sessions Judge, Court No. 9, Agra in Criminal Revision No. 628 of 2024 (Harcharan @ Raghuvir and others). 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 :- 17.5.2025 Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad