Allahabad High Court
ABHISHEK JAISWAL AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- MANOJ BAJAJ
Holding
The High Court held that, in the absence of exceptional circumstances, the revision petition cannot be entertained directly and must be filed before the Sessions Court.
Summary
The petitioners filed a revision against the Judicial Magistrate's order dismissing their discharge application under Section 245(2) of the Cr.P.C. The High Court noted that revision jurisdiction is concurrent with the Sessions Court but ordinarily requires the litigant to approach the Sessions Court first. The petition did not demonstrate any exceptional circumstance justifying direct High Court intervention. Consequently, the Court declined to entertain the revision, but granted liberty to file a revision before the Sessions Court within three weeks. The petition was therefore disposed.
Issues considered
- Whether the High Court can entertain a revision petition directly against a magistrate's order dismissing a discharge application.
- Whether the petitioners have shown exceptional circumstances to bypass the Sessions Court.
- Whether the High Court can direct the petitioners to approach the Sessions Court for revision.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 245(2)
- Indian Penal Code — s. 323, 504, 506
Subjects
- revision jurisdiction
- criminal procedure
- discharge application
- high court
- sessions court
- concurrent jurisdiction
- exceptional circumstances
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL REVISION No. - 1538 of 2026
Abhishek Jaiswal And 3 Others
.....Revisionist(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Revisionist(s) : Aditya Prakash Verma, Ranjana Verma,
Shailesh Verma
Counsel for Opposite Party(s) : Ashutosh Kumar Gupta, G.A., Laxmi
Shankar Yadav
Court No. - 85
HON'BLE MANOJ BAJAJ, J.
Petitioners have filed this revision petition to challenge the impugned order
dated 19.1.2026 passed by Judicial Magistrate, Kasia, Kushinagar in
Complaint Case No. 1270 of 2024, under Sections 323, 504, 506 I.P.C.,
Police Station Kasia, District Kushinagar, whereby discharge application
under Section 245(2) Cr.P.C. has been dismissed.
No doubt, the impugned order dated 19.1.2026 is revisable, if such an
application by accused is dismissed, 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 for straightway invoking
the revisioanl jurisdiction of this Court against the impugned order dated
19.1.2026 passed by the Magistrate.
Thus, this Court is not inclined to entertain the revision petition, however, a
liberty is granted to the petitioners 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.
(Manoj Bajaj,J.)
April 28, 2026
P.S.Parihar
Digitally signed by :-
POORAN SINGH PARIHAR
High Court of Judicature at Allahabad
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