Mukeem And 5 Others vs State Of U.P. And Another
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Allahabad High Court

Mukeem And 5 Others vs State Of U.P. And Another on 6 August, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:132482
 
Court No. - 85
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 8131 of 2025
 

 
Petitioner :- Mukeem And 5 Others
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- Jai Singh Yadav
 
Counsel for Respondent :- 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 the following reliefs:

"To set aside the judgment and order dated 07.04.2025 passed by Special Judge (E.C. Act)/Additional District and Sessions Judge, Court No. 4, Moradabad in Criminal Revision No. 378 of 2023 (Mukeem and others Vs. State of U.P. and another) and order dated 01.08.2023 passed by the learned Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No. 2, Moradabad in Complaint Case No. 10751 of 2023 (Alauddin Vs. Mukeem and others), under Sections 323, 324, 504, 506 IPC, Police Station-Chhajalait, District-Moradabad."

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 an application for discharge at an appropriate stage through counsel within 30 days, the same shall be disposed of by the Trial Court by a reasoned and speaking order in accordance with law within two weeks thereafter.

For a period of 30 days or till the disposal of the discharge application, whichever is earlier, no coercive measures shall be taken against the petitioners in the aforesaid case.

With the aforesaid direction, this petition is disposed of.

Order Date :- 6.8.2025

Shivani