ANAND KUMAR RAI @ SONU RAI AND ANOTHER v. STATE OF U.P. AND ANOTHER
A227/551/2025 · 2025-08-06
Nand Prabha Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8451 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8451 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:133786 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 551 of 2025 Petitioner :- Anand Kumar Rai @ Sonu Rai And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Ashwani Kumar Srivastava,Neeraj Kumar Srivastava 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 judgement and order, dated 31.08.2024, passed by Session judge, District - Mau, in Criminal revision Number- 288 of 2023 (Anand Rai and another versus state of U.P. and another) and order dated 12.12.2022, passed by the civil judge (J.D) F.T.C/Judicial Magistrate, District-Mau, in Criminal Miscellaneous Case Number-21 of 2022 (Anup Kumar Rai versus Anand Rai and Another) whereby the trial court summoned the applicant/petitioners under section 379, 506, 327, I.P.C. for face the trial and revisional court affirm the order of trial court by rejecting the criminal revision of petitioner." 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 :- 7.8.2025 Aditya Tripathi Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad