Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 73300 (ALL)

AMAR SINGH NIRANJAN v. STATE OF U.P. AND ANOTHER

A227/6870/2025 · 2025-07-17

Nand Prabha Shukla

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:116522 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 6870 of 2025 Petitioner :- Amar Singh Niranjan Respondent :- State of U.P. and Another Counsel for Petitioner :- Ram Surat Patel 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. By means of the present petition under Article 227 of the Constitution of India, the petitioner has prayed to set aside the impugned order dated 27.05.2025 passed by Sessions Judge, Jalaun at Orai in Criminal Revision No. 122 of 2024 and order dated 22.11.2018 passed by Chief Judicial Magistrate, Jalaun at Orai in Complaint Case No. 66 of 2016, under Sections 420, 406 IPC, Police Station-Kotwali Konch, District-Jalaun. 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. Order Date :- 18.7.2025 Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad