SMT. SUSHILA DEVI AND ANOTHER v. STATE OF U.P. AND ANOTHER
CRLR/4162/2025 · 2026-04-19
Manoj Bajaj
body2025
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[ 2025 DAILYLAW 2517 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 2517 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 4162 of 2025 Court No. - 85 HON'BLE MANOJ BAJAJ, J. Petitioners- Accused have filed this revision petition to challenge the impugned order dated 01.07.2025 passed by Judicial Magistrate, Meerut in Misc. Criminal Case No.6503 of 2019, arising out of Case Crime No.466 of 2018, under Sections 498A, 323, 354, 504, 506 IPC read with Section 3/4 D.P. Act, registered at Police Station Bhawanpur, District Meerut, whereby their discharge application under Section 239 Cr.P.C. has been dismissed. No doubt, the impugned order dated 01.07.2025 is revisable, and the statute has conferred the concurrent jurisdiction of revision with the court of sessions as well as the High Court. In the considered opinion of this Court, ordinarily a litigant must avail the remedy of revision before the court of sessions, and only under exceptional circumstances, the revisional jurisdiction of this Court can be invoked. A perusal of the grounds pleaded in the revision petition would show that no exceptional ground is made out by the petitioners-accused for straightway invoking the revisional jurisdiction of this Court against the impugned order dated 01.07.2025 passed by the Magistrate. Thus, this Court is not inclined to entertain the revision petition, however, a liberty is granted to the accused-petitioners to file the revision petition before the Court of Sessions, and if it is filed within next three weeks, the same shall be decided on merits.
The revision petition is disposed of. (Manoj Bajaj,J.) April 20, 2026 Raj Versus Counsel for Revisionist(s) : Akash Patel Counsel for Opposite Party(s) : G.A., Manvendra Nath Singh, Sanjay Tiwari
Smt. Sushila Devi And Another .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) Digitally signed by :- RAJ KUMAR High Court of Judicature at Allahabad