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Neutral Citation No. - 2025:AHC:93383 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 5737 of 2025 Petitioner :- Rahat And 9 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Sunil Kumar Dubey 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 order dated 07.04.2025 passed by the learned Additional District and Sessions Judge, Court No. 8, Moradabad in Criminal Revision No. 183 of 2024 (Rahat and others Vs. State of U.P. and another) as well as impugned summoning order dated 18.05.2024 passed by learned Additional Chief Judicial Magistrate, Court No. 6, Moradabad in Complaint Case No. 15336 of 2024 (Anisa Vs. Rashid and others), Police Station-Mainather, District-Moradabad against the applicant Nos. 1, 3, 4, 5, 7, 8, 9 and 10, under Sections 323, 504, 452, 354 IPC against the applicant No. 2, under Sections 323, 504, 354, 452, 354B IPC and against the applicant No. 6, under Sections 323, 504, 354, 452, 506 IPC as well as entire proceeding of Complaint Case No. 15336 of 2024 (Anisa Vs. Rashid and others) pending before the learned Additional Chief Judicial Magistrate, Court No. 6, Moradabad. 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 three weeks, the same shall be disposed of by the trial court by a reasoned and speaking order in accordance with law within two weeks thereafter. Till the disposal of the discharge application, no coercive action shall be taken against the petitioners. With the aforesaid direction, this petition is disposed of.
Order Date :- 30.5.2025 Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad