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2025 DAILYLAW 79851 (ALL)

KAILASH CHANDER SINGHAL AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A227/8043/2025 · 2025-08-20

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:143363 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 8043 of 2025 Petitioner :- Kailash Chander Singhal And 3 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Alok Kumar Singh 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. Set aside the order dated 05-01-2024 passed by Additional Sessions Judge, Court No.7, Ghaziabad in Crl. Revision No. 730 of 2022 (Kailash Chander Singhal and others Vs. State of U.P. and another) (CNR No. UPGZ010260172022) (Annexure No. 10 to this petition) as well as summoning Order dated 27-09-2022 arising out Complaint Case No. 1523/2019 (Amit Kumar vs. Kailash Chander Singhal and others) under Sections 323, 506 IPC, Police Station Sihanigate, District Ghaziabad, pending before the Learned Additional Chief Judicial Magistrate, III, Ghaziabad (Annexure No. 6 to this petition)." 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 :- 21.8.2025 Aditya Tripathi Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad