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2025 DAILYLAW 81239 (ALL)

SUBHASH CHAND JAIN AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A227/8246/2025 · 2025-07-31

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:128871 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 8246 of 2025 Petitioner :- Subhash Chand Jain And 2 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Chetan Chatterjee,Ran Vijay 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 to set-aside the summoning order dated 03.10.2024 passed in Complaint Case No. 16845 of 2023 (Vinod Kumar Jain Vs. Subhash Jain and others) passed by the Court of Chief Judicial Magistrate, Saharanpur as well as setting aside the order dated 26.06.2025 passed in Criminal Revision No. 601 of 2024 (Subhash Chand Jain and others Vs. State of U.P. and another), passed by the court of Additional District and Sessions Judge, Court No. 11, Saharanpur. 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. Accordingly, prayer of the petitioner is refused. However, in view of the submissions, it is provided that in case the petitioners move applications 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 action shall be taken against the petitioners in the aforesaid case. With the aforesaid direction, this petition is disposed of. Order Date :- 1.8.2025 Nisha Digitally signed by :- nisha kumari High Court of Judicature at Allahabad