Meera Devi and 2 Others Vs State of U.P. and… — Writ and Judicial Review | Allahabad HC (2025)

Meera Devi and 2 Others Vs State of U.P. and… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Prayer refused; petitioners given liberty 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; no coercive action against the petitioners for six weeks or till disposal of the discharge application, whichever is earlier.

Issue for consideration

Whether the order dated 01.04.2025 passed in Criminal Revision No. 172 of 2023 and the order dated 12.10.2022 passed in Criminal Case No. 12416 of 2022 ought to be set aside and the entire proceeding of Criminal Case No. 12416 of 2022 stayed. +1 more

Court's answer

The prayer of the petitioners to set aside the impugned orders and stay the proceedings is refused.

Ratio / Principle

At this stage it cannot be said that no offence is made out against the petitioners; all submissions made at the bar relate to disputed questions of fact which cannot be adjudicated upon by this Court.

Key takeaways

This Court's power may be exercised only where the Court finds failure of justice or misuse of judicial mechanism or procedure, or that the sentence or order was not correct, to prevent abuse of process or miscarriage of justice.ratio¶8
If the petitioners move a discharge application within six weeks, the trial court shall dispose of it by a reasoned and speaking order in accordance with law.ratio¶10

Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.), neutral citation 2025:AHC:82062, order dated 17.5.2025 in Matters Under Article 227 No. 4799 of 2025 (Meera Devi and 2 Others v. State of U.P. and another). Petition under Article 227 of the Constitution of India seeking to set aside the order dated 01.04.2025 of the Additional District and Sessions Judge, Court No. 1, Mau in Criminal Revision No. 172 of 2023 and the order dated 12.10.2022 of the Judicial Magistrate/Additional Civil Judge (J.D.), Court No. 5, Mau in Criminal Case No. 12416 of 2022 (Sonkala Devi v. Meera Devi and others) under Sections 323, 504, 506 IPC, P.S. Doharighat, District Mau, and to stay the trial. Held: on the material on record it cannot, at this stage, be said that no offence is made out against the petitioners; the submissions raised disputed questions of fact which cannot be adjudicated under Article 227, a power exercisable only where there is failure of justice or misuse of judicial mechanism or procedure, or the sentence or order was not correct, to prevent abuse of process or miscarriage of justice. Prayer refused; however, if the petitioners move a discharge application within six weeks it shall be disposed of by the trial court by a reasoned and speaking order in accordance with law, and no coercive action shall be taken against the petitioners for six weeks or till disposal of the discharge application, whichever is earlier. Petition disposed of.