Neutral Citation No. - 2025:AHC:82155 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 3927 of 2025 Petitioner :- Awadhesh Upadhyay @ Awadhesh Kumar Upadhyay And 4 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinay Kumar Mishra Counsel for Respondent :- C.S.C. 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 orders dated 25.03.2025 passed by Additional Sessions Judge/Special Judge, (E.C. Act), Varanasi in Criminal Revision No. 107 of 2024 (Awadhesh Kumar Upadhyaya and others Vs. State of U.P. and another) as well as the order dated 26.02.2024 passed by Additional Chief Judicial Magistrate, Court No. 1, Varanasi in Complaint Case No. 28 of 2016 (Smt. Beena Chaubey Versus Rajeev Upadhyaya and others), by which petitioners have been summoned for facing the trial under Section 498A IPC and Section 3/4 of Dowry Prohibition Act. 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 :- 17.5.2025 Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad