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2025 DAILYLAW 1924 (ALL)

RAMESHWAR PANDEY @ TOPI WALA v. STATE OF U.P. AND ANOTHER

CRLR/8972/2025 · 2026-04-08

Achal Sachdev

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 8972 of 2025 Court No. - 49 HON'BLE ACHAL SACHDEV, J. 1. Heard learned counsel for the revisionist, learned AGA for the State and perused the record. 2. Present Criminal revision has been preferred by the revisionist against the impugned order dated 25.09.2025, passed by learned Judicial Magistrate, Siddharth Nagar, in Criminal Misc. Case No.96 of 2025 (Ashish Kumar Pandey Vs. Rameshwar Pandey @ Topi Wala and Others), under section 175(3) of BNSS, Police Station Uska Bazar, District Siddharth Nagar, whereby the learned court below has allowed the application moved by the opposite party no.2, under section 175(3) of BNSS. 3. Learned AGA for the State has raised a preliminary objection on the ground that an order allowing application under section 173(4) read with section 175(3) of BNSS is an order relating to pre-cognizance stage and the proposed accused has no locus standi to prefer a revision against the order on the ground that it is purely an interlocutory order, as has been laid down by Full Bench of High Court, Allahabad, in the case of Father Thomas Vs. State of Uttar Pradesh, reported in (2011) CrLJ 2278 and more recently in the case of Kamlesh Meena Vs. State of Uttar Pradesh, reported in 2025 SCC OnLine ALL 4386. 4. Perusal of record shows that the present revision has been preferred by the revisionist being aggrieved by the impugned order dated 25.09.2025, passed Versus Counsel for Revisionist(s) : Rajesh Kumar Chitragupt Counsel for Opposite Party(s) : G.A. Rameshwar Pandey @ Topi Wala .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) by the learned Judicial Magistrate, Siddharth Nagar, in Criminal Misc. Case No.96 of 2025 (Ashish Kumar Pandey Vs. Rameshwar Pandey @ Topi Wala and Others), under section 175(3) of BNSS, Police Station Uska Bazar, District Siddharth Nagar, whereby the learned court below has allowed the application moved by the opposite party no.2, under section 175(3) of BNSS and directed the Station House Officer, Uska Bazar, District Siddharth Nagar, to register a criminal case and to investigate the matter, in the light of ratio decidendi given by the Full Bench of High Court, Allahabad, in the case of Father Thomas (supra) and more recently in the case of Kamlesh Meena(supra). 5. 5. In the light of aforesaid discussion, this Court is of the view that the impugned order dated 25.09.2025 is purely interlocutory order and no revision is maintainable under the provision of section 438/442 of BNSS, 2023 or section 397(1) of Cr.P.C. against an interlocutory order. Hence, the present criminal revision is liable to be dismissed at the admission stage itself. 6. Accordingly, the instant criminal revision is hereby dismissed. April 9, 2026 VKG CRLR No. 8972 of 2025 2 (Achal Sachdev,J.) Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad