ABHISHEK JAISWAL AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
CRLR/1538/2026 · 2026-04-27
Manoj Bajaj
body2026
DailyLaw.ai
[ 2026 DAILYLAW 1188 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1188 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 1538 of 2026
Court No. - 85 HON'BLE MANOJ BAJAJ, J. Petitioners have filed this revision petition to challenge the impugned order dated 19.1.2026 passed by Judicial Magistrate, Kasia, Kushinagar in Complaint Case No. 1270 of 2024, under Sections 323, 504, 506 I.P.C., Police Station Kasia, District Kushinagar, whereby discharge application under Section 245(2) Cr.P.C. has been dismissed. No doubt, the impugned order dated 19.1.2026 is revisable, if such an application by accused is dismissed, but 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 petitioner for straightway invoking the revisioanl jurisdiction of this Court against the impugned order dated 19.1.2026 passed by the Magistrate. Thus, this Court is not inclined to entertain the revision petition, however, a liberty is granted to the 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 28, 2026 P.S.Parihar Versus Counsel for Revisionist(s) : Aditya Prakash Verma, Ranjana Verma, Shailesh Verma Counsel for Opposite Party(s) : Ashutosh Kumar Gupta, G.A., Laxmi Shankar Yadav
Abhishek Jaiswal And 3 Others .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) Digitally signed by :- POORAN SINGH PARIHAR High Court of Judicature at Allahabad