PREM DUTT TYAGI AND ANOTHER v. STATE OF U.P. AND ANOTHER
A227/7880/2025 · 2025-07-28
Nand Prabha Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 78372 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 78372 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:125035 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 7880 of 2025 Petitioner :- Prem Dutt Tyagi And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Satish Kumar Tyagi 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 reliefs:- i. Issue an order or direction to issue direction and set aside the judgments and orders dated 20.06.2025, passed by learned Additional Sessions Judge, Court No. 3, Meerut, passed in Criminal Revision No. 525 of 2024, Prem Dutt Tyagi and another Vs. State of U.P. and another as well as Summoning order dated 06.05.2024, passed by learned Additional Chief Judicial Magistrate, Court No. 5, Meerut in Complaint Case No. 24212 of 2023, Raj Kumar Vs. Prem Dutt and another, under Sections 452, 323, 325, 504, 506 IPC, Police Station-Kharkhauda, Meerut and its entire consequential proceedings. ii. Issue an order or direction to stay the further proceedings of Complaint Case No. 24212 of 2023, Raj Kumar Vs. Prem Dutt and another, under Sections 452, 323, 325, 504, 506 IPC, Police Station-Kharkhauda, Meerut, pending in the Court of Additional Chief Judicial Magistrate, Court No. 5, Meerut, during the pendency of present Misc. Petition (Criminal) before this Hon'ble Court. 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 :- 29.7.2025 Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad