Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 9147 (ALL)

VIKRAM AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A227/562/2025 · 2025-08-06

Nand Prabha Shukla

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:133730 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 562 of 2025 Petitioner :- Vikram And 2 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Devesh Kumar Sharma 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 impugned order dated 26.11.2024 passed by the learned Additional District and Sessions Judge/Additional Special Judge (POCSO ACT), Court No.02, Mathura, in Criminal Revision No.254 of 2023 (Vikram and 2 Other Vs. State of U.P. and Another) and set aside the Summoning order dated 10.03.2023 passed by the Court of Civil Judge (S.D.) F.T.C./A.C.J.M., Mathura in Complaint Case No. 17414 of 2022, Police Station-Sadar Bazar, District-Mathura (Annexure Nos. 16 and 18 respectively to the writ 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 application is disposed of. Order Date :- 7.8.2025 Aditya Tripathi Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad