Allahabad High Court
NIKHIL TIWARIversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- MANOJ BAJAJ
Holding
The High Court declined to entertain the revision petition, directing the petitioner to approach the Sessions Court for any further relief.
Summary
Nikhil Tiwari, the accused, filed a revision petition before the Allahabad High Court challenging an order dated 08‑12‑2025 passed by the Additional Chief Judicial Magistrate, Jhansi, which had rejected the final report and allowed a protest petition against him in a criminal case under Sections 137(2) and 87 of the Indian Penal Code. The High Court examined whether it could entertain the revision directly or whether the petitioner must first approach the Sessions Court, as the statute provides concurrent revision jurisdiction but ordinarily requires recourse to the Sessions Court. The petitioner's grounds were found to lack any exceptional circumstance that would justify bypassing the Sessions Court. Consequently, the Court declined to entertain the revision petition. However, the Court granted the petitioner liberty to file a revision before the Sessions Court within three weeks, after which the merits would be decided. The revision petition was therefore disposed of without substantive hearing.
Issues considered
- Whether the High Court can entertain a revision petition directly against an order of a Judicial Magistrate in a criminal matter.
- Whether the petitioner has demonstrated exceptional circumstances justifying the invocation of the High Court's revisional jurisdiction.
Legislation cited
- Indian Penal Code — s. 137(2), 87
Subjects
- revision jurisdiction
- criminal procedure
- High Court
- Sessions Court
- exceptional circumstances
- Section 137
- Section 87
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL REVISION No. - 1209 of 2026
Nikhil Tiwari
.....Revisionist(s)
Versus
State Of U.P. And 2 Others
.....Opposite Party(s)
Counsel for Revisionist(s) : Rohit Kumar, Sanjay Singh, Tarun Jha
Counsel for Opposite Party(s) : Arvind Kumar Singh, G.A.
Court No. - 85
HON'BLE MANOJ BAJAJ, J.
Petitioner- Accused has filed this revision petition to challenge the impugned order
dated 08.12.2025 passed by Additional Chief Judicial Magistrate, Jhansi in Misc. Case
No.812 of 2025, titled Amol Kushwaha vs. Nikhil Tiwari, arising out of Case Crime
No.220 of 2025, under Sections 137(2)/87 BNS, registered at Police Station
Mauranipur, District Jhansi, whereby final report has been rejected and protest petition
has been allowed against him.
No doubt, the impugned order dated 08.12.2025 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 dated 08.12.2025
passed by the Magistrate.
Thus, this Court is not inclined to entertain the revision petition, however, a liberty is
granted to the complainant-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.
The revision petition is disposed of.
April 28, 2026
Raj
(Manoj Bajaj,J.)
Digitally signed by :-
RAJ KUMAR
High Court of Judicature at Allahabad
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