MUNISH KUMAR AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
A227/5870/2025 · 2025-06-30
Nand Prabha Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 65123 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 65123 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:101558 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 5870 of 2025 Petitioner :- Munish Kumar And 3 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Sunil Kumar Yadav 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 set aside the judgment and order dated 05.02.2025 passed by the learned Additional District and Session Judge/Fast Track Court, Court No. 1, Firozabad, in Criminal Revision No. 05 of 2024 (Munish Kumar and others vs. State of U.P. and another) under Sections 323, 504, 506 I.P.C., against the petitioners and under Section 354 I.P.C. against the petitioners No. 3 and 4 Police Station Eka, District Firozabad and summoning order dated 07.10.2023 passed by the learned Second Additional Civil Judge, Junior Division/Magistrate Shikohabad, Firozabad in Complaint No. 11100 of 2023 (Munita Devi v. Munish Kumar and others). 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 application is disposed of.
Order Date :- 1.7.2025 Aditya Tripathi Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad