Banshraj and Another vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2025)

Banshraj and Another vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Prayer to set aside the impugned orders refused; petitioners permitted to move a discharge application within six weeks, to be disposed of by the trial court by a reasoned and speaking order in accordance with law; interim protection that for six weeks, or till disposal of the discharge application, whichever is earlier, no coercive action shall be taken against the petitioners.

Issue for consideration

Whether the judgment and order dated 02.01.2025 of the Sessions Judge, Bhadohi in Criminal Revision No. 184 of 2023 and the order dated 07.10.2023 of the Additional Chief Judicial Magistrate, Gyanpur Bhadohi in Complaint Case No. 1113 of 2017 should be set aside by this Court in exercise of its powers under Article 227 of the Constitution of India.

Court's answer

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.

Ratio / Principle

All the submissions made at the bar relate to disputed questions of fact which cannot be adjudicated by this Court; the Article 227 power may be exercised only where the Court finds failure of justice, misuse of judicial mechanism or procedure, or an incorrect sentence or order, to prevent abuse of process or miscarriage of justice.

Key takeaways

Prayer of the petitioners to set aside the impugned orders is refused.ratio¶9
In view of the submissions, if the petitioners move a discharge application within a period of six weeks, the trial court shall dispose of it by a reasoned and speaking order in accordance with law.ratio¶10
Interim protection: for a period of six weeks, or till the disposal of the discharge application, whichever is earlier, no coercive action shall be taken against the petitioners.ratio

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Court No. 81), Matters under Article 227 No. 1370 of 2025, neutral citation 2025:AHC:83284, decided 19.5.2025 by Hon'ble Ms. Nand Prabha Shukla, J. Petition under Article 227 of the Constitution of India praying to set aside (i) the judgment and order dated 02.01.2025 of the Sessions Judge, Bhadohi in Criminal Revision No. 184 of 2023 (Banshraj and another Vs. State of U.P. and another), and (ii) the order dated 07.10.2023 of the Additional Chief Judicial Magistrate, Gyanpur Bhadohi in Complaint Case No. 1113 of 2017 (Usha Devi Vs. Pramod Kumar @ Kariya and others). Held: from the material on record, at this stage it cannot be said that no offence is made out against the petitioners; the submissions at the bar relate to disputed questions of fact which cannot be adjudicated by this Court, the Article 227 power being exercisable only where there is failure of justice, misuse of judicial mechanism or procedure, or an incorrect sentence or order, to prevent abuse of process or miscarriage of justice. Accordingly, the prayer was refused. Directions: any discharge application moved within six weeks to be disposed of by the trial court by a reasoned and speaking order in accordance with law; interim protection — no coercive action against the petitioners for six weeks or till disposal of the discharge application, whichever is earlier. Petition disposed of. No precedent cited; no monetary quantum involved.

Neutral Citation No. - 2025:AHC:83284

Court No. - 81

Case :- MATTERS UNDER ARTICLE 227 No. - 1370 of 2025

Petitioner :- Banshraj And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Rajesh Kumar Counsel for Respondent :- Ajay Kumar Srivastava,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.

By means of the present petition under Article 227 of the Constitution of India, the petitioners have prayed to set aside the impugned judgment and order dated 02.01.2025 passed by Sessions Judge, Bhadohi in Criminal Revision No. 184 of 2023 (Banshraj and another Vs. State of U.P. and another) as well as order dated 07.10.2023 passed by Additional Chief Judicial Magistrate, Gyanpur Bhadohi in Complaint Case No. 1113 of 2017 (Usha Devi Vs. Pramod Kumar @ Kariya and others).

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 discharge application within a period of six weeks from today, the same shall be disposed of by the trial court by a reasoned and speaking order in accordance with law.

For a period of six weeks or till the disposal of the discharge application, whichever is earlier, no coercive action shall be taken against the petitioners.

With the aforesaid direction, this petition is disposed of.

Order Date :- 19.5.2025

Shivani

Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad