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Allahabad High Court · body

2026 DAILYLAW 1233 (ALL)

KAMAL KUMAR THARAD v. STATE OF U.P. AND ANOTHER

CRLR/2555/2026 · 2026-04-19

Manoj Bajaj

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 2555 of 2026 Court No. - 85 HON'BLE MANOJ BAJAJ, J. Petitioner- Accused has filed this revision petition to challenge the impugned order dated 02.04.2026 passed by Chief Judicial Magistrate, Mau in Criminal Case No. 369 of 2016, arising out of case crime no. 1382 of 2015, under Sections 419, 420, 406 I.P.C., registered at Police Station Kotwali, District Mau, whereby dismissing his application for discharge, the charges against him have been framed. No doubt, the impugned order 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 petitioner- accused for straightway invoking the revisional jurisdiction of this Court against the impugned order passed by the Magistrate. Thus, this Court is not inclined to entertain the revision petition, however, a liberty is granted to the accused-petitioner 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. Versus Counsel for Revisionist(s) : Janardan Yadav Counsel for Opposite Party(s) : G.A. Kamal Kumar Tharad .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) The revision petition is disposed of. April 20, 2026 SY CRLR No. 2555 of 2026 2 (Manoj Bajaj,J.) Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad