Neutral Citation No. - 2025:AHC-LKO:45439 Court No. - 11 Case :- CRIMINAL REVISION DEFECTIVE No. - 302 of 2025 Revisionist :- Shailesh Rameshchand Zambad Opposite Party :- State Of U.P. Thru. Special Secy. Home Lko. And Another Counsel for Revisionist :- Khaleeq Ahmad Khan Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. Vakalatnama filed by Shri V.K. Srivastava, Advocate and Shri Sonu Gupta, Advocate on behalf of respondent no. 2 is taken on record. 2. Taking note of the facts stated in the affidavit filed in support the application (C.M. application No. 1 of 2025) seeking condonation of delay as also that there is no opposition by the side-opposite, the application is allowed. 3. Delay in filing the instant revision is hereby condoned. 4. Office/Registry is directed to allot regular number to this revision. 5. Heard learned counsel for the parties. 6. The instant revision has been preferred seeking following main relief(s):- "Revision may kindly be allowed and impugned judgment and order dated-04.02.2025 passed by Learned Judicial Magistrate Third Lucknow, rejecting the application of the revisionist moved under section-239 Cr.P.C. in Case No. 12794 of 2023, arising out of Case Crime No. 287 of 2021, Under Section-406, 420 I.P.C. Police Station- Sarojini Nagar, District-Lucknow may kindly be set aside and application dated-19.06.2024 for discharge moved on behalf of the revisionist under section-239 Cr.P.C. may kindly be allowed." 7. At the very outset, learned counsel for the opposite parties raised a preliminary objection regarding entertainability of this revision. He stated that in view of Section 397 Cr.P.C. (now repealed) and Section 438 of BNSS, the revisionist is having a remedy of filing a revision before the Session Court challenging the order dated 04.02.2025. 8. Considering the aforesaid, this Court is not inclined to entertain the present revision. It is accordingly disposed of with liberty to the revisionist to approach Session Court by preferring a revision, which shall be decided by the revisional court, most expeditiously, if the revisionist prefers the aforesaid revision within ten days from today. 9. With the aforesaid, the present revision is disposed of finally. 10. The certified copy of the impugned order or any other certified document filed along with the revision shall be returned to the learned Counsel for the revisionist by retaining a photocopy of the same on record. Order Date :- 5.8.2025 Mohit Singh/- Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench