HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 6737 of 2025 Court No. - 91 HON'BLE ABDUL SHAHID, J. 1. Heard learned counsel for the revisionist and the learned A.G.A. for the State. Perused the record. 2. Under challenge is the impugned order dated passed by the 24.09.2025 Additional District and Session Judge/ Special Judge (SC/ST Act), Lalitpur rejecting Paper No. 7-Kha filed by revisionist under Section 94 B.N.S.S.- 2023, in Session Case No. 67/2025, (State vs. Neelesh Tiwari and others) arising out of FIR No. 0285 of 2024, under sections 115(2), 352, 351(3), 118(1), 333, 109 B.N.S.-2023 registered at Police Station-Mahrauni, District Lalitpur. 3. Learned counsel for the revisionist has submitted that the revisionist was not present at the time of the alleged incident on 8.9.2024 at 10:30 a.m. It is further submitted that the revisionist was having a Mobile No. 9005942232 and requested to the court under Section 94 of B.N.S.S. that CDR of that mobile be summoned. 4. Learned A.G.A. has opposed the revision and contended that plea of alibi could be taken at the stage of trial. 5. The FIR was registered on the same day of the incident i.e. 8.9.2024 at 13:49 hours at the concerned police station. After completion of the investigation, the charge sheet has been filed. Learned trial court has specifically mentioned in the impugned order dated 24.9.2025 that the trial be commenced after framing of the charge against the accused persons. The accused is having all legal remedies to move present application at the time of the defence evidence. Present application has been filed to cause the delay in the trial. The plea of alibi could be taken at the stage of the trial as the charge is still not framed. The revisionist is having efficacious remedy at the stage of the defence evidence, if any. Versus Counsel for Revisionist(s) : Devendra Kumar Shukla Counsel for Opposite Party(s) : G.A. Neelesh Tiwari @ Neeleshwar Tiwari .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) 6. In view of the above, there is no illegality or irregularity in the impugned order. The revision is liable to be dismissed. It is accordingly, dismissed. October 29, 2025 M. Tarik CRLR No. 6737 of 2025 2 (Abdul Shahid,J.) Digitally signed by :- MOHD TARIK High Court of Judicature at Allahabad