MASTAN AHMAD AND ANOTHER v. STATE OF U.P. AND ANOTHER
A227/4316/2025 · 2025-05-06
Nand Prabha Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 49410 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49410 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:73601 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 4316 of 2025 Petitioner :- Mastan Ahmad And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Sita Ram,Vinod Kr Pandey 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. The instant petition under Article 227 of the Constitution of India has been filed to stay the effect and operation of the order dated 26.03.2025 passed by learned Additional Sessions Judge/Special Judge (E.C. Act), Fatehpur in Criminal Revision No.79 of 2023 (Mastan Ahmad and others Vs. Mateen Ahmad and others) and
order dated 08.06.2023 passed by Additional Civil Judge (J.D.)/Judicial Magistrate, Court No.2, Fatehpur including the entire consequential proceeding consequent upon complaint dated 29.03.2022 being Complaint Case No.16848 of 2022 (Mateen Ahmad vs. Naim Ahmad and others) under Sections 376, 323, 506 IPC, Police Station Ghazipur, District Fatehpur. 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. Accordingly, prayer of the petitioners is refused. However, in view of the submissions, it is provided that in case the petitioners move 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 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 action shall be taken against the petitioners in the aforesaid case. With the aforesaid direction, this application is disposed of.
Order Date :- 7.5.2025 Monika Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad