Petitioner challenged cognizance and summoning order under Article 227. High Court dismissed petition as disputed facts need trial. Court directed discharge application within three weeks and stayed coercive action.
Petition dismissed; petitioner directed to file discharge application within three weeks; coercive action stayed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC:147146
Court No. - 87
Case :- MATTERS UNDER ARTICLE 227 No. - 5453 of 2024
Petitioner :- Sriniwas Respondent :- State of U.P. and Another Counsel for Petitioner :- Pradeep Kumar Chaurasia Counsel for Respondent :- G.A.
Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the petitioner, Sri R.K. Verma, learned A.G.A. for the State and perused the record.
By means of the present petition under Article 227 of the Constitution of India, the petitioner has prayed to set aside the cognizance cum summoning order dated 10.08.2023 passed by Chief Judicial Magistrate, Mahrajganj, in Case No. 1945 of 2019 (State Vs. Vidyasagar and others), under Section 409 IPC arising out of Case Crime No. 205 of 2018, P.S.-Thuthibari, District-Mahrajganj, and/or any other order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case in the interest of justice.
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.
Accordingly, prayer of the petitioner is refused.
However, in view of the submissions, it is provided that in case the petitioner moves an application for discharge through counsel within three weeks, the same shall be disposed of by the trial court by a reasoned and speaking order in accordance with law within two weeks thereafter.
Till the disposal of the discharge application, no coercive action shall be taken against the petitioners.
With the aforesaid direction, this petition is disposed of.
Order Date :- 10.9.2024 Shivani
Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court should exercise its supervisory jurisdiction under Article 227 to interfere with the charge and summons order.
1 provisions across 1 enactments
Sriniwas
State of U.P.
Nand Prabha Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
