Neutral Citation No. - 2025:AHC:135094 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 8301 of 2025 Petitioner :- Mohit Gupta Respondent :- State of U.P. and Another Counsel for Petitioner :- Nikil Pathak,Raghuvansh Misra Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard Mr. Raghuvansh Misra, learned counsel for the petitioner, 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 the following reliefs:- "i. It is therefore most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside the impugned order dated 02.06.2025 passed by Sessions Judge Ghaziabad passed in Criminal Revision No.174 of 2025 (Mohit Gupta Vs. State of U.P.), under Section 115(2), 110, 352 of the BNS, Police Station- Kavi Nagar, District Ghaziabad as well as the impugned order dated 27.08.2024 passed by Chief Judicial Magistrate, Ghaziabad passed in Criminal Case No.56144 of 2024 (State Vs. Mohit Gupta and others) arising out of Case Crime No.705 of 2024, under Section 115(3), 110, 352 of the BNS, Police Station Kavi Nagar, District Ghaziabad. ii. It is further prayed that this Hon'ble Court may graciously be pleased to stay the effect and operation of the impugned order dated 27.08.2024 passed by Chief Judicial Magistrate, Ghaziabad as well as entire proceeding of Criminal Case No.56144 of 2024 (State Vs. Mohit Gupta and others) arising out of Case Crime No.705 of 2024, under Sections 115(2), 110, 352 of the BNS, Police Station Kavi Nagar, District Ghaziabad, during the pendency of the present petition 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 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 :- 11.8.2025 Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad