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2025 DAILYLAW 66780 (ALL)

SHAREEF AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A227/6049/2025 · 2025-06-30

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:101506 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 6049 of 2025 Petitioner :- Shareef And 2 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Manoj Kumar Tripathi,Vinod Kumar Tirpathi 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 issue an order or direction in the nature of certiorari for setting aside the order dated 24.09.2024 passed by the learned Additional Civil Judge (Junior division)/Judicial Magistrate, Court No. 2, Bijnor in Case No. 1187 of 2024 (Shareef and others vs. State of U.P. and others) as well as impugned order dated 20.05.2025 passed by the learned Additional Session Judge, Court No. 1, Bijnor in Criminal Revision No. 372 of 2024 and petitioner No. 1 namely Shareef has been summoned under Sections 354, 323, 504, 506(1) IPC and petitioner No. 2 and 3 has been summoned under section 323, 504 IPC Police Station Kotwali City, District 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. 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 petitioner No. 1, Shareef, who is summoned under Sections 354, 323, 504, 506(1) IPC, moves 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 petitioner No. 1, Shareef, 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