Neutral Citation No. - 2025:AHC:86423 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 16298 of 2025 Applicant :- Vivek Kumar Srivastava Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Romeshwari Prasad Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application under Section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been preferred against order dated 18.11.2024, passed by learned Sessions Judge, Varanasi in Criminal Revision No.456 of 2024 (Dinesh Misra and others Vs. State and Others), District- Varanasi. 3. It has been submitted by learned counsel for the applicant that applicant has filed an application under Section 156(3) Cr.P.C. against opposite party nos.2 & 3 and that application was registered by learned A.C.J.M., Court No.5 Varanasi, as a complaint case vide order dated 08.10.2024. The opposite party nos.2 & 3 have preferred a criminal revision against order dated 08.10.2024, which has been admitted by the learned Sessions Judge, Varanasi for hearing vide impugned order dated 18.11.2024. Learned counsel submitted that the opposite party nos.2 & 3 have not been summoned so far and they have no locus to challenge the order dated 08.10.2024 and thus the impugned order is against law and therefore liable to be quashed. Learned counsel has placed reliance upon judgment of this Court in case of Father Thomas Vs. State of UP and another 2010:AHC:168468-FB and judgment of Apex Court in Chandra Deo Singh Vs. Prakash Chandra Bose 1963 LawSuit (SC) 234. 4. Learned AGA has opposed the application and submitted that the applicant may file his objections before the learned Sessions Judge, Varanasi regarding maintainability of that revision and no case for interference under Section 528 BNSS is called for. 5. I have considered the rival submissions and perused the record. 6. In the instant matter, the main grievance of applicant is that his application under Section 156(3) Cr.P.C. was registered as a complaint case and the prospective accused persons (opposite party nos.2 & 3) have filed a revision against that order, which has been admitted by learned Sessions Judge, Varanasi for hearing, whereas the opposite party nos.2 & 3 have no locus to challenge the said order dated 08.10.2024. In view of these facts and circumstances, it is clear that the applicant has opportunity to file his objections before the Sessions Judge, Varanasi in aforesaid revision regarding maintainability of the said revision. 7. In view of aforesaid, it is directed that in case applicant files his objections regarding maintainability of said revision before the Sessions Judge, Varanasi within a period of three weeks from today, the same shall be considered and decided by the learned Sessions Judge, Varanasi expeditiously in accordance with law. 8. With the aforesaid observations, the application u/s 528 BNSS is disposed of. Order Date :- 22.5.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad