Allahabad High Court

UMESH RAI AND ANOTHERversusSTATE OF U.P. AND ANOTHER

Decided: 19 April 2026
Bench: MANOJ BAJAJ

Holding

The revision petition was dismissed as withdrawn because the framing of charges made it infructuous.

Summary

The petitioners, Umesh Rai and another, filed a criminal revision challenging the order dated 09‑12‑2025 of the Special Judge (E.C. Act) that dismissed their application for discharge under Section 227 of the Cr.P.C. and Section 250(2) of the BNSS, 2023. The case involved charges under Sections 498‑A, 304‑B of the IPC and the Dowry Prohibition Act, 1961. During the hearing, the court noted that the charges against the petitioners had already been framed, rendering the revision petition infructuous. Consequently, the petition was dismissed as withdrawn. The judgment was delivered by Justice Manoj Bajaj of the Allahabad High Court on 20‑April‑2026.

Issues considered

What is the effect of framing of charges on the maintainability of a revision petition challenging a discharge order under Section 227 Cr.P.C.?

Legislation cited

BNSS, 2023 — s. 250(2)
Code of Criminal Procedure, 1973 — s. 227
Dowry Prohibition Act, 1961
Indian Penal Code — s. 304-B, 498-A

Subjects

criminal procedure
revision
discharge application
infructuous petition
dowry death
IPC
BNSS

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                       CRIMINAL REVISION No. - 1017 of 2026

                                    Umesh Rai And Another
                                                                                                      .....Revisionist(s)
                                                                            Versus
                                    State of U.P. and Another
                                                                                                   .....Opposite Party(s)

                                    Counsel for Revisionist(s)          :     Man Mohan Singh
                                    Counsel for Opposite Party(s)       :     Adarsh Kumar Rai, Govind Jee Rai, G.A.

                                    Court No. - 85
                                                                HON'BLE MANOJ BAJAJ, J.

                                    Petitioners have filed this revision petition to challenge the impugned
                                    order dated 09.12.2025 passed by Special Judge, (E.C.Act)/Additional
                                    Sessions Judge, Ghazipur in Sessions Trial No.968 of 2024, titled State
                                    Vs. Umesh Rai, arising out of Case Crime No.647 of 2019, under
                                    Sections 498-A, 304-B I.P.C. and 3/4 Dowry Prohibition Act, 1961,
                                    registered at Police Station Kotwali, district Ghazipur, whereby the
                                    application filed by the petitioners under Section 227 Cr.P.C./250(2)
                                    BNSS, 2023 has been rejected.

                                    During the course of hearing, learned counsel for the petitioners fairly
                                    submitted that during the pendency of the petition, the charges against the
                                    petitioners have been framed, therefore, the petition challenging the order
                                    dismissing the discharge application is rendered infrucutuous.

                                    The application is dismissed as withdrawn.



                                    April 20, 2026
                                    R./
                                                                                                      (Manoj Bajaj,J.)




Digitally signed by :-
RAJEEV KUMAR SACHDEVA
High Court of Judicature at Allahabad

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