Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 21653 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J.
1. Heard Mr. Pankaj Sharma, learned counsel for applicant, Sri Amit Kumar Malviya holding brief of Sri Rishi Kesh Malviya, learned counsel for opposite party no. 2 and learned AGA for State.
2. Present application has been preferred with prayer to set aside the order dated 17.5.2025 passed by learned Additional Sessions Judge/Special Judge (POCSO Act), Ist, Hathras in Crl. Misc. Application no. 196 of 2025 (Mojjam Ali vs. Rashid and others) under Section 173(4) BNSS, PS- Hasayan, District Hathras. Further prayer has been made to direct the court below to pass fresh order on application under Section 173(4) BNSS filed by applicant directing the Station House Officer, Police Station Hasayan, District Hathras to register the case in appropriate sections and investigate the matter against the opposite party nos. 2 to 5.
3. After some arguments, Sri Amit Kumar Malviya holding brief of Sri Rishi Kesh Malviya, learned counsel for opposite party no. 2 and learned AGA for State have raised a preliminary objection and submitted that applicant has an alternative remedy to file revision under Section 397 Cr.P.C./ 438 BNSS challenging the order impugned, which is not disputed by learned counsel for applicant. Versus Counsel for Applicant(s) : Ganesh Datta Sharma, Pankaj Sharma Counsel for Opposite Party(s) : G.A., Rishi Kesh Malviya Mojjam Ali .....Applicant(s) State Of U.P. And 4 Others .....Opposite Party(s)
4. In view thereof, the present petition stands dismissed on the ground of alternative remedy that revision is available and the forum before coming to High Court has not been exhausted. October 17, 2025 Shaswat NA528 No. 21653 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad