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2025 DAILYLAW 110952 (ALL)

VIVEKA NAND MISHRA AND ANOTHER v. STATE OF U.P. AND ANOTHER

CRLR/6433/2024 · 2025-09-16

Harvir Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 6433 of 2024 Court No. - 93 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the revisionists, learned A.G.A for the State, learned counsel for the opposite party no. 2 and perused the material on record. 2. The present revision has been filed against the order dated 25.11.2024 passed by the First Additional Sessions Judge, Court No. 1, Basti in Session Case No. 1306 of 2024 (State Vs. Viveka Nand Mishra), arising out of Case Crime No. 100 of 2022, under Sections 306, 114 IPC, Police Station Kotwali, District Basti by which discharge application of the revisionists has been dismissed. 3. On the other hand, learned counsel for the opposite party no. 2 has submitted that subsequent to filing of the present revision, charge has already been framed against the revisionists, hence, the present revision has lost his relevance and the revisionists, if so advised, may challenge the order of framing of charge against them. 4. After hearing, learned counsel for the parties, it is a matter of fact on record that subsequent to filing of the present revision, the charge has already been framed against the revisionists vide order dated 07.02.2025, hence the present revision has lost his relevance. However, in the given facts and circumstances of the case, it shall remain open for the revisionists to challenge the order dated 07.02.2025 in a fresh proceedings. 5. The revision stands dismissed with the aforesaid liberty. September 17, 2025 Vikram Versus Counsel for Revisionist(s) : Anirudh Kumar Upadhyay, Arvind Agrawal Counsel for Opposite Party(s) : G.A., Gaurav Kumar Shukla (Harvir Singh,J.) Viveka Nand Mishra And Another .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad