NARENDRA BHARGAV AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME/PRIN. SECY. HOME LKO. AND 2 OTHERS
CRLR/642/2025 · 2025-06-05
Manish Mathur
body2025
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[ 2025 DAILYLAW 144588 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 144588 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:34642 Court No. - 13 Case :- CRIMINAL REVISION No. - 642 of 2025 Revisionist :- Narendra Bhargav And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home/Prin. Secy. Home Lko. And 2 Others Counsel for Revisionist :- Anuj Mishra Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J.
1. Heard learned for revisionist and learned Additional Government Advocate appearing on behalf of State-opposite party no.1.
2. In view of order being passed, notices to opposite parties 2 and 3 stand dispensed with.
3. This Criminal Revision has been filed against impugned order dated 19.05.2025 passed by learned Special Judge(SC/ST Act), Sultanpur, in Crl. Misc. Case No.126 of 2025 (Surendra v. Narendra Bhargav and another).
4. Mr. Arun Kumar Verma, learned Additional Government Advocate has raised a preliminary objection regarding maintainability of revision on ground that the revisionist being an accused does not have any locus to challenge an order passed allowing application under Section 173(4) of BNSS which is relatable to the earlier provisions contained in Section 156(3) Cr.P.C. He has placed reliance on the following decision:- (1) Father Thomas v. State of U.P. & another reported in 2011 (1) ADJ 333:2010 SCC OnLine All 2710(Full Bench); and. (2) Jagannath Verma v. State of U.P. reported in AIR 2014 All 214:2014 (6) CTC 353(Full Bench).
5. Upon such objections being raised, learned counsel for the revisionist on the basis of instructions submits that he may be permitted to withdraw the revision with liberty to approach the court in appropriate proceedings.
6. Considering such submission, the revision is dismissed as not pressed granting liberty to revisionist to approach court concerned in appropriate proceedings. Order Date :- 5.6.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench