BACHHA LAL GUPTA AND 7 OTHERS v. STATE OF UP AND ANOTHER
A227/4154/2025 · 2025-04-27
Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46810 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46810 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:72980 Court No. - 76 Case :- MATTERS UNDER ARTICLE 227 No. - 4154 of 2025 Petitioner :- Bachha Lal Gupta And 7 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Sumit Kumar Srivastava,Vinod Kumar Counsel for Respondent :- G.A. Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the material available on record. 2. The present writ petition has been preferred with the prayer to set aside the summoning order dated 20.9.2021, passed by the learned Additional Chief Judicial Magistrate in Complaint Case No. 294 of 2019, titled Smt. Kusum Gupta v. Bachha Lal and others, the order dated 26.4.2024, passed by the Judicial Magistrate, Court No.4 Prayagraj, and the order dated 18.10.2024, passed by the Sessions Judge, Prayagraj in Criminal Revision No. 243 of 2024, titled Bachha Lal Gupta and others v. Smt. Kusum Gupta and another. 3. The facts of the case is that on 24.02.2019, at about 3:30 PM, a dispute arose between the parties over the parking of a motorcycle. During the course of this altercation, the petitioners allegedly assaulted the complainant and her family members. 4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case. The complaint, lodged by the complainant, is based on false and concocted story. It is further submitted that the Magistrate treated the application of the complainant as a complaint case and proceeded to record the
complainant's statement under Section 200 Cr.P.C., as well as the statements of the witnesses under Section 202 Cr.P.C. However, the petitioners argue that there are material contradictions and improvements in the complainant's version, raising serious doubts as to the veracity of the prosecution's case. 5. The petitioners further submits that the dispute in question is rooted in a property dispute, where the complainant, in an attempt to exert pressure on the petitioners to vacate the premises, has falsely implicated them. A civil suit for eviction is pending before the trial court. The learned trial court summoned the petitioners on 20.09.2021 under Sections 323 and 504 IPC. The petitioners moved a discharge application before the trial court, which was rejected by the trial court vide order dated 26.04.2024. Subsequently, a revision was filed, which was also dismissed by the Sessions Court on 18.10.2024.
Aggrieved by these orders, the petitioners have approached this Court. 6. Per contra, Shri H.P. Singh, learned A.G.A.-I for the State has opposed the writ petition and submits that there is no illegality in the impugned orders passed by the trial court. 7. After heaving learned counsel for the petitioners and learned A.G.A. for the State, prima facie observes that there is no material irregularity, perversity, or error in the orders dated 20.09.2021, 26.04.2024, and 18.10.2024. The trial court, having examined the evidence and the statements on record, exercised its discretion within the framework of the law. There is no manifest illegality in the orders impugned that would warrant interference by this Court under Article 227 of the Constitution of India. 8. It is well settled that the scope of interference under Article 227
of the Constitution is limited to correcting grave judicial errors, manifest injustice, or procedural irregularities. The petitioners have failed to establish any such ground in the present case. 9. The present writ petition is devoid of merits and it is accordingly dismissed. Order Date :- 28.4.2025 A. Tripathi Justice Vinod Diwakar Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad