Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:125059 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 7882 of 2025 Petitioner :- Swakirti Kumar Respondent :- State of U.P. and Another Counsel for Petitioner :- Aditya Kumar Tripathi Counsel for Respondent :- Ansar Ahmad,G.A. Hon'ble Ms. Nand Prabha Shukla,J.
Learned counsel for the petitioner wants to make necessary corrections in the prayer clause within the course of the day. Heard learned counsel for the petitioner, Mr. Ansar Ahmad,
learned counsel for the respondent No. 2, 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
Judgment and Order dated 10.07.2025 passed by Additional Sessions Judge/Fast Track Court (F.T.C.), Court No. 1, Etawah in Revision No. 283 of 2024 "Swakirti Kumar Versus State of U.P. and others" as well as Summoning order dated 10.06.2024, passed by Additional Chief Judicial Magistrate, Court No. 2 Etawah in Complaint Case No. 324 of 2017 "Pushkar Kumar Versus Swakirti Kumar and Others", under Sections 420, 467, 468, 471 IPC, Police Station-Kotwali, District-Etawah as well as Bailable Warrant (B.W.) order dated 10.07.2024 of Rs. 10,000/-. 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 petition is disposed of.
Order Date :- 29.7.2025 Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad