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2025 DAILYLAW 78345 (ALL)

SATYAVEER AND ANOTHER v. STATE OF U.P. AND ANOTHER

A227/7754/2025 · 2025-07-24

Nand Prabha Shukla

body2025

Judgment text

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Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 7754 of 2025 Petitioner :- Satyaveer And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Vinay Kumar Srivastava 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 seeking the following reliefs:- "i) Pass an order or direction under supervisory jurisdiction of this Hon'ble Court set aside the order dated 17.04.2025 passed by the learned Additional Session Judge/Special Judge (Rape & POSCO Act) 1st, Etah passed in Criminal Revision No. 248 of 2024 (Satyaveer and another Vs. Manju Devi and another) as well as summoning order dated 20.10.2023 passed by the learned Additional Chief Judicial Magistrate, Court No. 18, Etah in Case No. 4815 of 2020 Satyaveer and another) whereby the petitioners have been summoned U/s 376D, 504, 506 I.P.C., Police Station Jaithra, District Etah." 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 application is disposed of. Order Date :- 25.7.2025/Aditya Tripathi Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad