Allahabad High Court
Ravi Kumar vs State Of Uttar Pradesh And Another on 4 April, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:47509 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 3188 of 2025 Petitioner :- Ravi Kumar Respondent :- State Of Uttar Pradesh And Another Counsel for Petitioner :- Prasant Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the petitioner, 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 impugned judgment and order dated 12.12.2024 passed by the learned Additional Sessions Judge, F.T. Court No. 1 (Crime Against Mahila) Mathura in Criminal Revision No. 294 of 2024 Ravi Kumar Vs. State of U.P. and another and to set aside order dated 07.03.2024 passed by the learned Additional Civil Judge (S.D.)/Additional Chief Judicial Magistrate, Court No. 1, Mathura in Criminal Case No. 4774 of 2019 Jagdish Vs. Ravi 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 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 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 petitioner.
With the aforesaid direction, this petition is disposed of.
Order Date :- 4.4.2025/Shivani