Neutral Citation No. - 2025:AHC:92558 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 3818 of 2025 Petitioner :- Vinay Kumar Dubey Respondent :- State of U.P. and Another Counsel for Petitioner :- Ashish Kumar Pandey,Shyamdhar Pandey Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard Sri Sarveshwary Prasad holding brief of Sri Ashish Kumar Pandey, learned counsel for the petitioner, learned A.G.A. for the State and perused the record. The instant petition under Article 227 of the Constitution of India has been filed with a prayer to set aside the order passed by Additional District and Session Judge, Varanasi dated 21.8.2023 in Criminal Revision No. 281 of 2022 (Vinay Kumar Dubey vs. State of U.P. and another) as well as summoning order dated 7.5.2022 in Complaint Case No. 14955 of 2021 passed by Judicial Magistrate-III, Varanasi. 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 an application for discharge through counsel within 30 days, the same shall be disposed of by the Trial Court by a reasoned and speaking order expeditiously in accordance with law within two weeks thereafter. For a period of 30 days or till the disposal of the discharge application, whichever is earlier, no coercive measures shall be taken against the petitioner in the aforesaid case. With the aforesaid direction, this petition is disposed of. Order Date :- 29.5.2025 Puspendra Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad