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2025 DAILYLAW 79330 (ALL)

TEJPAL AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

A227/7939/2025 · 2025-07-28

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:125197 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 7939 of 2025 Petitioner :- Tejpal And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Harish Yadav 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. To set aside the impugned revisional order dated 19.05.2025 passed by the Learned Session judge, Court No. 08, Bulandshahar in Criminal Revision No. 354/2023 (Dayaram & others), in which the learned trial court rejected the revision on behalf of petitioners/revisionists alongwith impugned summoning order dated 28.09.2022 passed by the Learned Judicial Magistrate, Court No.-10, Bulandshahar in Complaint Case No. 11062 of 2022 (Harpal Vs. Dayaram and others), Under Section 323, 452, 504 I.P.C. in which the petitioners/revisionists are facing trial." 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 :- 29.7.2025 Aditya Tripathi Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad