SMT. PRIYANKA SINGH AND ANOTHER v. STATE OF U.P. AND ANOTHER
A227/6168/2025 · 2025-07-07
Nand Prabha Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 67572 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 67572 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:107411 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 6168 of 2025 Petitioner :- Smt. Priyanka Singh And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Neeraj Singh,Varun Shukla 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 the following prayers:-
"i. to set aside the impugned judgment and order dated 07.05.2024 passed by learned Additional District and Sessions Judge, Court No. 1, Ballia in Criminal Revision No. 239 of 2024 (Smt. Priyanka Singh and another Vs. State of U.P. and another) under Section 438/442 B.N.S.S., Police Station- Nagra, District-Ballia. ii. Set aside the impugned summoning order dated 15.05.2023 passed by learned Additional Chief Judicial Magistrate-I, Ballia in Case No. 1615 of 2023 (Shivsagar Vs. Priyanka Singh and another) filed under Section 156(3) Cr.P.C., Police Station-Nagra, District-Ballia, whereby the revisionists petitioners and other co-accused persons have been summoned under Sections 427, 323, 452, 504, 506 IPC, Police Station-Nagra, District-Ballia." 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 :- 8.7.2025 Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad