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2026 DAILYLAW 345 (ALL)

HIRA SINGH PAL v. STATE OF U.P. AND ANOTHER

CRLR/1361/2026 · 2026-02-23

Abdul Shahid

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 1361 of 2026 Court No. - 87 HON'BLE ABDUL SHAHID, J. 1. Heard learned counsel for the revisionist 2. Learned counsel for the revisionist has submitted that an application filed by the opposite party no. 2/Malti Devi/complainant under section 173(4) B.N.S.S. has been accepted. The concerned police station has been directed to register the F.I.R. Hence, the present criminal has been filed by the revisionist. 3. Learned A.G.A. for the State has submitted that the revisionist is a prospective accused, hence, he is having no locus standi to file the present criminal revision and the criminal revision is not maintainable. 4. The issue of maintainability of a criminal revision against an order directing registration of a First Information Report is no longer res integra. The Full Bench of this Court in Father Thomas versus State of U.P. and another, 2011 (1) ADJ 333 (FB) has categorically held that such an order does not amount to a "final order" within the meaning of Section 397 Cr.P.C. (corresponding to Section 458 B.N.S.S.), and therefore, a criminal revision is not maintainable. 5. In view thereof, the criminal revision is dismissed as not maintainable. February 24, 2026 K.K. Maurya Versus Counsel for Revisionist(s) : Dhirendra Srivastava, Raag Kumar Srivastava Counsel for Opposite Party(s) : G.A. (Abdul Shahid,J.) Hira Singh Pal .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad Digitally signed by :- KAMLESH KUMAR MAURYA High Court of Judicature at Allahabad