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2025 DAILYLAW 67918 (ALL)

RAUSHA ALIAS ASHRAF ALI v. STATE OF U.P. AND ANOTHER

A227/6274/2025 · 2025-07-07

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:106864 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 6274 of 2025 Petitioner :- Rausha Alias Ashraf Ali Respondent :- State of U.P. and Another Counsel for Petitioner :- Abhishek Tiwari,Sanjeet Kumar Yadav Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, 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 to set-aside the impugned summoning order dated 16.04.2024 passed by Civil Judge (Senior Division)/A.C.J.M., Kairana, District Shamli passed in Complaint No. 143/9/2023 (Abbas Vs. Rausha and others) under Section 147, 323, 504. 506, 326A of IPC, P.S. Kairana, District Shamli as as well as to set aside the impugned order dated 06.05.2025 passed by Additional Session Judge/Special Judge (S.C./S.T.) Act, Shamli in Criminal Revision No. 52 of 2024. 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 petitioner. 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 petitioner is refused. However, in view of the submissions, it is provided that in case the petitioner 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 in the aforesaid case. With the aforesaid direction, this application is disposed of. Order Date :- 8.7.2025/Nisha Digitally signed by :- nisha kumari High Court of Judicature at Allahabad