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2025 DAILYLAW 59780 (ALL)

SHIV KUMAR AND ANOTHER v. STATE OF UP AND ANOTHER

A227/5358/2025 · 2025-07-06

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:105898 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 5358 of 2025 Petitioner :- Shiv Kumar And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Chandra Bhushan Prasad 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 impugned order dated 08.04.2025 passed by learned Sessions Judge, Muzaffar Nagar in Criminal Revision No.533 of 2024 and order dated 16.12.2024 passed by learned Civil Judge (J.D.)/Judicial Magistrate, Court No.1, Muzaffar Nagar in Complaint Case No.60 of 2024, under sections 354-Kha, 323, 504, 506 IPC, P.S.Bhopa, District Muzaffar Nagar. 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 at an appropriate stage 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 :- 7.7.2025 Sanjeet Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad