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Allahabad High Court

HIRA SINGH PALversusSTATE OF U.P. AND ANOTHER

Decided

Holding

An order directing registration of an FIR is not a final order, so a criminal revision under Section 397 Cr.P.C. is not maintainable.

Summary

Hira Singh Pal filed a criminal revision challenging an order that directed the police to register an FIR under section 173(4) of the B.N.S.S. The State argued that the petitioner, being a prospective accused, lacked locus standi to file such a revision. The Court examined whether the order directing FIR registration constitutes a "final order" within the meaning of Section 397 of the Criminal Procedure Code (corresponding to Section 458 of the B.N.S.S.). Relying on the Full Bench decision in Father Thomas v. State of U.P. (2011), the Court held that such an order is not a final order and therefore is not amenable to criminal revision. Consequently, the revision was dismissed as not maintainable.

Issues considered

  • Whether an order directing registration of an FIR under section 173(4) B.N.S.S. is a "final order" within the meaning of Section 397 Cr.P.C./Section 458 B.N.S.S.
  • Whether a prospective accused has locus standi to file a criminal revision against such an order

Legislation cited

Subjects

  • criminal revision
  • FIR registration
  • final order
  • locus standi
  • Section 397 CrPC
  • Section 458 B.N.S.S.
  • prospective accused

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                     CRIMINAL REVISION No. - 1361 of 2026

                                    Hira Singh Pal
                                                                                                   .....Revisionist(s)
                                                                        Versus
                                    State of U.P. and Another
                                                                                                        .....Opposite
                                                                                                              Party(s)

                                    Counsel for Revisionist(s)    : Dhirendra        Srivastava,     Raag     Kumar
                                                                    Srivastava
                                    Counsel for Opposite Party(s) : G.A.

                                    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
                                                                                               (Abdul Shahid,J.)




Digitally signed by :-
KAMLESH KUMAR MAURYA
High Court of Judicature at Allahabad


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