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2025 DAILYLAW 60816 (ALL)

SAROJ KUMARI AND 2 OTHERS v. STATE OF UP AND ANOTHER

A227/5295/2025 · 2025-05-20

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85299 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 5295 of 2025 Petitioner :- Saroj Kumari And 2 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Mrityunjay Dwivedi 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. By means of the present petition under Article 227 of the Constitution of India, the petitioners have prayed to set aside the impugned judgment and order dated 04.02.2025 passed by Additional Sessions Judge, Court No. 2, Aligarh in Criminal Revision No. 146 of 2023 as well as impugned order dated 30.07.2022 passed by the Upper Civil Judge (Junior Division), Court No. 4, Aligarh in Case No. 15876 of 2015 (Devendra Kumar Arya Vs. Saroj Devi and others), through which summoning the applicant have facing the trial under Sections 420, 323, 504 and 506 IPC, Po0lice Station-Banna Devi, District-Aligarh. 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 discharge application within a period of six weeks from today, the same shall be disposed of by the trial court by a reasoned and speaking order in accordance with law. Till the disposal of the discharge application, whichever is earlier, no coercive action shall be taken against the petitioners. With the aforesaid direction, this petition is disposed of. Order Date :- 21.5.2025/Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad