HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 5332 of 2024 Court No. - 93 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the revisionist and learned A.G.A. for the State. 2. The revisionist has challenged the order dated 06.07.2024 passed by the learned Additional Sessions Judge, Court No. 3, Auraiya in Criminal Revision No. 21 of 2024, Satya Prakash Yadav Vs. State of U.P. and others, and submits that the same is arbitrary and illegal and liable to be set aside. 3. Per contra, learned counsel for opp. party no. 2 submitted that subsequent to the order dated 06.07.2024 passed by the learned Additional Sessions Judge, Court No. 3, Auraiya in Criminal Revision No. 21 of 2024, Satya Prakash Yadav Vs. State of U.P. and others, another order dated 07.12.2024 has been passed by the Chief Judicial Magistrate, Auraiya. He further submits that since the fresh order has been passed, if the revisionist intends, he may seek remedy available under the law, therefore, the order dated 06.07.2024 has lost its relevance. 4. Learned A.G.A. submits that the order under challenge in the present revision has been passed by Additional Sessions Judge, Court No. 3, Auraiya in Criminal Revision No. 21 of 2024, Satya Prakash Yadav Vs. State of U.P. and others and the said revision was filed against the order dated 15.02.2024 passed by the Chief Judicial Magistrate, Auraiya in Versus Counsel for Revisionist(s) : Ram Om Vikram Singh Chauhan, Shiv Om Vikram Singh Chauhan Counsel for Opposite Party(s) : Abhishek Bhushan, Arpan Srivastava, G.A. Amit Pal .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) Complaint Case No. 997 of 2023 and further submitted that this revision is not maintainable in terms of Section 397 Cr.P.C. Section 397 Cr.P.C. which reads as under:- "Calling for the records to exercise power of revision. The High Court or any Sessions Judge may call for and examine the record of any proceeding before any inferior Criminal Court situate within its or his local jurisdiction for the purpose of satisfying itself or himself as to the correctness, legality or propriety of any finding. Sentence or order, recorded or passed, and as to the regularity of any proceedings of such inferior Court, and may, when calling for such record, direct that the execution of any sentence or order be suspended, and if the accused is in confinement, that he be released on bail or on his own bond pending the examination of the record. 1. The powers of revision conferred by Sub-Section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding. 2. If an application under this section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them. 3. 6. Under the circumstances, the present revision is not maintainable under the law. 7. Accordingly, this revision is dismissed. 8. However, it shall remain open to the revisionist to assail the order dated 07.12.2024 passed by the Chief Judicial Magistrate, Auraiya, if so advised. September 17, 2025 Gss CRLR No. 5332 of 2024 2 (Harvir Singh,J.) Digitally signed by :- GIRAJA SHANKER SHARMA High Court of Judicature at Allahabad