Allahabad High Court

RAJUversusSTATE OF UP AND 8 OTHERS

Decided: 27 April 2026
Bench: MANOJ BAJAJ

Holding

The High Court held that, absent exceptional circumstances, a revision petition against a magistrate’s order must first be filed in the Sessions Court and therefore it will not entertain the petition.

Summary

Petitioner Raju filed a revision petition in the Allahabad High Court challenging the order of the Chief Judicial Magistrate dated 8 December 2025, which dismissed his complaint under Section 203 of the Criminal Procedure Code. The High Court examined whether it could entertain the revision directly, noting that the statute provides concurrent revisional jurisdiction to both the Sessions Court and the High Court, but ordinarily a litigant must first approach the Sessions Court. The Court found that the petition did not disclose any exceptional circumstance justifying a direct High Court revision. Consequently, the High Court declined to entertain the petition, but directed the petitioner to file a revision before the Sessions Court within three weeks for merits determination. The revision petition was therefore disposed of without hearing on the merits.

Issues considered

Whether the Allahabad High Court has jurisdiction to entertain a revision petition directly against an order of a Chief Judicial Magistrate under the Criminal Procedure Code.

Legislation cited

Code of Criminal Procedure, 1973 — s. 203

Subjects

revision jurisdiction
Criminal Procedure Code
Section 203
High Court
Sessions Court
magistrate order
dismissal

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                         CRIMINAL REVISION No. - 1241 of 2026

                                    Raju
                                                                                                            .....Revisionist(s)
                                                                             Versus
                                    State Of Up And 8 Others
                                                                                                        .....Opposite Party(s)

                                    Counsel for Revisionist(s)                          :    Alauddin, Fakhruddin
                                    Counsel for Opposite Party(s)                       :    G.A.

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

                                    Petitioner- Raju has filed this revision petition to challenge the impugned order dated
                                    08.12.2025 passed by Chief Judicial Magistrate, Sant Kabir Nagar in Misc.
                                    Application No.8040 of 2024, titled Raju vs. Dayaram and others, whereby his
                                    complaint under Section 203 Cr.P.C. has been dismissed.

                                    None for the petitioner- complainant.

                                    No doubt, the impugned order dated 08.12.2025 is revisable, but 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-complainant 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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