Disposed

Krishna Gopal and 2 Others v. State of Up and Another

Allahabad HC3 Sept 2024A227/2645/2024

Case brief

AI extract

What is this about?

The Allahabad High Court refused to exercise supervisory jurisdiction under Article 227 to set aside a trial court order due to disputed factual findings. However, it directed the trial court to dispose of a pending discharge application within two weeks, imposed a 30-day stay on coercive measures, and required a reasoned order.

What did the court decide?

Petition refused. Trial Court directed to dispose of discharge application via reasoned order within two weeks. 30-day stay on coercive measures granted.

Krishna Gopal and 2 Others vs State of Up and… — Criminal Trial and Appeal | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:155150

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Court No. - 87

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Case :- MATTERS UNDER ARTICLE 227 No. - 2645 of 2024

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Petitioner :- Krishna Gopal And 2 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Faizan Habeeb,Shahabuddin Counsel for Respondent :- Bharat Singh,G.A.

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Hon'ble Ms. Nand Prabha Shukla,J.

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Heard learned counsel for the petitioners, Sri Bharat Singh, learned counsel for the respondent no. 2, Sri Pankaj Rai, learned A.G.A. for the State and perused the record.

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The instant petition under Article 227 of the Constitution of India has been filed with a prayer to set aside the impugned order dated 18.5.2023 passed by the Additional District and Sessions Judge, Court No. 7, Moradabad in Revision No. 204 of 2022 (Krishna Gopal vs. State of U.P. and others) as well as summoning order dated 14.9.2021 passed by the Additional Chief Judicial Magistrate, Court No. 5, Moradabad by means of which the criminal revision has been dismissed and the proceeding thereof the Case No. 1273 of 2021 (Prem Pal Singh vs. Krishna Gopal and others) under Sections 323, 504, 506 IPC, Police Station Civil Lines, Moradabad pending in the court of ACJM 2nd Moradabad.

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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 petitioner. 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.

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Accordingly, prayer of the petitioners is refused .

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However, in view of the submissions, it is provided that in case the petitioners move an application for discharge 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.

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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.

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With the aforesaid direction, this application is disposed of.

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Order Date :- 23.9.2024 Puspendra

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Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad

Krishna Gopal and 2 Others v. State of Up and Another

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Krishna Gopal and 2 Others v. State of Up and Another

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