JHHINNEY NAT @ JHINNE v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 2 OTHERS
CRLR/867/2025 · 2025-08-11
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156778 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156778 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:46698 Court No. - 11 Case :- CRIMINAL REVISION No. - 867 of 2025 Revisionist :- Jhhinney Nat @ Jhinne Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others Counsel for Revisionist :- Shiv Shankar Singh,Rakesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J.
1. Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the material brought on record.
2. This criminal revision under Section 397/401 Cr.P.C. read with Section 438 BNSS has been filed against the judgment and
order dated 07.05.2025 passed by learned Special Judge (POCSO Act)/Additional Sessions Judge, Room No.12, Sultanpur in Crl. Misc. Case No.196 of 2025, Jhhinney Nat Vs. Sudheer Singh & others, rejecting the application u/s 173(4) BNSS, P.S.- Jai Singhpur, District- Sultanpur.
3. On being confronted, after taking note of the various pronouncements viz. (i) Sukhwasi Vs. State of U.P., reported in 2007 (59) ACC 739 (All); (ii) Lalita Kumari Vs. State of U.P., reported in (2014) 2 SCC 1; (iii) Priyanka Srivastava Vs. State of U.P., reported in (2015) 6 SCC 287; (iv) Ramdev Food Products Private Limited (supra); (v) Vishwanath Vs. State of U.P. and 4 Ors, reported in (2020) ILR 2 All 889 and (vi) Kailash Vijayvargiya vs Rajlakshmi Chaudhuri, reported in (2023) SCC OnLine SC 569, according to which the revisionist can file the complaint case for the reason that there is no requirement to investigate the matter in issue,
learned counsel for the revisionist submits that he does not want to press this revision and the same may be dismissed as such with liberty to the revisionist to file a complaint case.
4. Learned A.G.A. has no objection to the prayer made by
learned counsel for the revisionist.
5. Accordingly, the revision is dismissed as not pressed with the aforesaid liberty.
Order Date :- 11.8.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench