SATISHCHANDRA AND ANOTHER v. STATE OF U.P. AND ANOTHER
A227/9025/2025 · 2025-08-20
Nand Prabha Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 86071 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 86071 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:143915 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 9025 of 2025 Petitioner :- Satishchandra And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Sant Ram Nigam,Rama Kant Yadav,Vivek Kumar Yadav 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 relief:-
"I- Set-aside the impugned summoning order dated 29.09.2023 passed by the Chief Judicial Magistrate, Court no. 18, Etah in complaint case по. 5660/2023 (Vinod Kumar Vs. Satishchandra and others) Under section 452, 323, 504 I.P.C. Police Station- Aliganj, District- Etah, pending before Additional Chief Judical Magistrate, Etah as well as Judgement and order dated 15.02.2024 passed by Learned Session Judge, Etah in Criminal Revision No. 253 of 2023 (Satishchandra and 2 others Vs. State of U.P. and Another) Under Section 452, 323, 504 I.P.C. Police Station- Aliganj, District- Etah." 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 from today, 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 from today 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 petition is disposed of.
Order Date :- 21.8.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad