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2025 DAILYLAW 87825 (ALL)

GIRISH CHANDRA AND ANOTHER v. STATE OF UTTAR PRADESH AND 2 OTHERS

A227/9402/2025 · 2025-08-21

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:144468 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 9402 of 2025 Petitioner :- Girish Chandra And Another Respondent :- State Of Uttar Pradesh And 2 Others Counsel for Petitioner :- Prashant Drivedi 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: "(a) Set aside the revisional order dated 03.05.2024 passed by the learned Sessions Judge, Kaushambi in Criminal Revision No. 102 of 2023 (Girish Chandra and another vs. State of U.P. and another) and the order dated 05.11.2019 passed by the learned Chief Judicial Magistrate, Kaushambi in Complaint No. 6505 of 2015 under Sections 452, 504, 506 IPC, Police Station Sarai Akil, District Kaushambi (Annexure Nos. 5 and 3 respectively to the Misc. Petition). (b) Stay the effect and operation of the revisional order dated 03.05.2024 passed by the learned Sessions Judge, Kaushambi in Criminal Revision No. 102 of 2023 (Girish Chandra and another vs. State of U.P. and another) and the order dated 05.11.2019 passed by the learned Chief Judicial Magistrate, Kaushambi in Complaint No. 6505 of 2015, under Sections 452, 504, 506 IPC, Police Station Sarai Akil, District Kaushambi (Annexure Nos. 5 and 3 respectively to the Misc. Petition)." 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 petition is disposed of. Order Date :- 22.8.2025 Puspendra Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad