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2025 DAILYLAW 55305 (ALL)

PARASNATH YADAV AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A227/4821/2025 · 2025-05-11

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:76825 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 4821 of 2025 Petitioner :- Parasnath Yadav And 2 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Naveen Kumar Tripathi 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 with a prayer to issue a writ, order or direction in the nature of certiorari quashing the order dated 19.06.2023 passed by Judicial Magistrate, Court No. 3, Varanasi in Complaint Case No. 200851 of 2022 (Manoj Kumar vs. Parasnath and others) as well as order dated 17.02.2025 passed by Additional District and Session Judge/Special Judge E.C. Act, Varanasi in Criminal Revision No. 225 of 2023 (Parasnath Yadav and others vs. State of U.P. and another). 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 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 measures shall be taken against the petitioners in the aforesaid case. With the aforesaid direction, this petition is disposed of. Order Date :- 12.5.2025 Puspendra Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad