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2025 DAILYLAW 75843 (ALL)

LAVKESH AND 3 OTHERS v. SMT. BIPASHA

A227/7330/2025 · 2025-07-24

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:122645 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 7330 of 2025 Petitioner :- Lavkesh And 3 Others Respondent :- Smt. Bipasha Counsel for Petitioner :- Deepak Kumar Yadav 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 seeking the following relief: "(i) Issue a writ order or direction to set-aside the impugned order dated 12.06.2025 in Criminal Revision No.347 of 2024 (Lavkesh and others Vs. Bipasha and another) passed by Additional Session Judge/F.T.C., Court No.04, District Bulandshahar as well as order dated 11.10.2023 in Complaint Case No. 964 of 2023, Computer Case No.11952 of 2023 (Smt. Bipasha Vs. Lavkesh and others) under section 406 of IPC passed by Additional Civil Judge (J.D.)/Judicial Magistrate, Court No.04, District Bulandshahar. (ii) Issue a writ order or direction in the nature of Mandamus to stay the further proceeding of Complaint Case No. 964 of 2023, Computer Case No.11952 of 2023 (Smt. Bipasha Vs. Lavkesh and others) under section 406 of IPC passed by Additional Civil Judge (J.D.)/Judicial Magistrate, Court No.04, District Bulandshahar. (iii) Issue any other suitable, order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances existing in the present case. (iv) Award the cost of this petition in favour of the petitioner." 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 :- 25.7.2025 Puspendra Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad