PANKAJ KUMAR AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
A227/4935/2025 · 2025-05-13
Nand Prabha Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 56763 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 56763 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:78810 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 4935 of 2025 Petitioner :- Pankaj Kumar And 3 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Rupendra Kumar Mishra 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 set-aside the order dated 29.03.2024 passed by Additional Sessions Judge/FTC, Court No. 2, Bijnor passed in Criminal Revision No. 527 of 2023 (Pankaj Kumar and others vs. State of U.P. and another) by which the criminal revision of the petitioners was dismissed and the summoning order dated 22.09.2023 passed by Judicial Magistrate/ Additional Civil Judge (J.D.), Court No. 1, Bijnor in Complaint Case No. 14316 of 2023 (Smt. Sadhna Vs. Pankaj Kumar and others) was confirmed u/s 406 IPC and 6 D.P. Act, P.S. Kotwali City, District Bijnor, pending in the Court of learned Judicial Magistrate/ Additional Civil Judge (J.D.), Court No. 1, Bijnor. 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 petitioner is refused. However, in view of the submissions, it is provided that in case the petitioners move applications 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 petition is disposed of.
Order Date :- 14.5.2025 Nisha Digitally signed by :- nisha kumari High Court of Judicature at Allahabad