GIRJA NANDAN AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
A227/9363/2025 · 2025-08-20
Nand Prabha Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 87694 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 87694 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:143668 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 9363 of 2025 Petitioner :- Girja Nandan And 4 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Sudarshan 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 seeking the following relief:-
"i) Set-aside the judgment and order dated 10.07.2025 (Annexure No.1) passed by Additional Session Judge, Room No.05, Bareilly in Criminal Revision No. 399/2024 (Girja Nandan and others Vs. State of U.P. and another)." 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