Lokendra Kumar And 2 Others vs State Of U.P. And Another
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Allahabad High Court

Lokendra Kumar And 2 Others vs State Of U.P. And Another on 3 July, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:107736
 
Court No. - 87
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 7487 of 2024
 

 
Petitioner :- Lokendra Kumar And 2 Others
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- Punya Sheel Pandey
 
Counsel for Respondent :- G.A.
 

 
Hon'ble Ms. Nand Prabha Shukla,J.
 

Heard learned counsel for the petitioners, learned AGA for the State and perused the record.

The present petition under Article 227 of the Constitution of India has been filed to stay the effect and operation of the impugned judgment and order dated 04.05.2024 passed by Session Judge, District Etah in Criminal Revision No.234 of 2023 (Lokendra Kumar and others v. State of U.P. and another) as well as impugned summoning order dated 04.09.2023 passed by Additional Chief Judicial Magistrate, Court No.18, Etah in CAse No.4563 of 2022, under Sections 420, 468, 120B I.P.C. (Kailash Singh v. Lokendra Kumar and others), Police Station Aliganj, District Etah.

From the perusal of the material on record and looking into the facts of the case, at this stage, it cannot be said that prima facie 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 under Article 227 of the Constitution of India. 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. Therefore, no interference is required.

Accordingly, prayer of the petitioners is refused.

However, considering the prayer made by learned counsel for the petitioners, it is directed that in case the petitioners apply for bail before the concerned court within four weeks from today, the same shall be considered and disposed of expeditiously, in the light of law laid down by the Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another, reported in (2021) 10 SCC 773.

For a period of 30 days from today or till the time of applying the bail application before the court concerned, whichever is earlier, the Non-Bailable Warrant shall remain in abeyance.

With the above observations, this petition is disposed of.

Order Date :- 3.7.2024

A.N. Mishra