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Allahabad High Court

SHIV NARAYAN PANDEYversusSTATE OF U.P. AND 5 OTHERS

Decided

Holding

The petition is dismissed as the petitioner has an alternative remedy of filing a revision before the revisional court.

Summary

Petitioner Shiv Narayan Pandey filed a petition under Article 227 of the Constitution seeking to set aside the trial court's order dated 25 June 2026 that dismissed his complaint (No. 2284 of 2023) and to summon respondents 2 to 6 for punishment. The High Court observed that the petitioner has an available alternative remedy of filing a revision before the revisional court. Consequently, the Court dismissed the petition, directing the petitioner to pursue the revision remedy. No substantive merits of the complaint were examined. The order reflects the principle that a petition under Article 227 is not maintainable when a specific statutory remedy exists.

Issues considered

  • Whether a petition under Article 227 is maintainable when a specific alternative remedy of revision is available.
  • Whether the High Court can set aside the trial court's order without the petitioner first invoking the revision remedy.

Legislation cited

Subjects

  • Article 227
  • revision
  • alternative remedy
  • jurisdiction
  • High Court
  • criminal complaint

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                MATTERS UNDER ARTICLE 227 No. - 11150 of 2026

                                    Shiv Narayan Pandey
                                                                                                  .....Petitioner(s)
                                                                        Versus

                                    State Of U.P. And 5 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)               :    Dharmendra Pratap Singh
                                    Counsel for Respondent(s)               :    G.A.

                                    Court No. - 55
                                                     HON'BLE VIKRAM D. CHAUHAN, J.

                                    1. The present petition is filed by the petitioner seeking following relief:-

                                    "(i) To set-aside the order dated 25.06.2026 passed by in Complaint No.
                                    2284 of 2023, (Shiv Narayan Pandey vs. Pradeep Singh and others) and
                                    direct to the concerned court to consider the complaint of the petitioner
                                    and summon to the respondent nos.2 to 6 for punish them in proper
                                    section."

                                    2. The complaint of the petitioner has been rejected by the trial court by
                                    order dated 25.6.2026.

                                    3. Against the aforesaid order, the petitioner has a remedy of filing
                                    revision before the revisional court.

                                    4. Accordingly, the present petition is dismissed on the ground of
                                    alternative remedy leaving it open to the petitioner to file a revision
                                    before the revisional court.



                                                                                       (Vikram D. Chauhan,J.)
                                    September 14, 2026
                                    Bhaskar




Digitally signed by :-
BHASKAR
High Court of Judicature at Allahabad


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