DINESH KUMAR AND 4 OTHERS v. STATE OF UTTAR PRADESH AND ANOTHER
A227/8359/2025 · 2025-08-03
Nand Prabha Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 81301 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 81301 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:130372 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 8359 of 2025 Petitioner :- Dinesh Kumar And 4 Others Respondent :- State Of Uttar Pradesh And Another Counsel for Petitioner :- Lakshmi Kant Pandey,Sandeep Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, 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 releif:
"(i) Issue a order or direction in the nature of calling for the records and set aside of the impugned order 8.7.2025 passed by the Additional District and Session Judge, Court No. 4, Bijnor in Revision No.637 of 2024 (Dinesh Kumar and others versus State and others) and order dated 5.3.2024 passed by Additional Civil Judge (Junior Division), Court No. 2, Bijnor in Complaint No. 4435 of 2023 (Chandra Prakash Versus Dinesh and others) (Annexure no.1 and 2 to the petition) as well as the entire proceedings the of the aforesaid criminal case. (ii) Issue a order or direction in the nature of commanding the police persons not to arrest the petitioners in pursuance of the impugned order 8.7.2025 passed by the Additional District and Session Judge, Court No. 4, Bijnor in Revision No.637 of 2024 (Dinesh Kumar and others versus State and others) and order dated 5.3.2024 passed by Additional Civil Judge (Junior Division) Court No. 2, Bijnor in Complaint No. 4435 of 2023 (Chandra Prakash Versus Dinesh and others). (iii) Issue, any order or direction, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. (iv) Award cost of the petition in favour of the petitioner, against the respondents." 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 :- 4.8.2025 Puspendra Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad