Allahabad High Court

YOGENDRA KUMAR @ JONY AND 3 OTHERSversusSTATE OF UP AND ANOTHER

Decided: 27 April 2026
Bench: MANOJ BAJAJ

Holding

The revision petition is dismissed as not pressed.

Summary

The petitioners, Yogendra Kumar @ Jony and three others, filed a criminal revision petition in the Allahabad High Court challenging a Sessions Judge's order dated 30 January 2026 that dismissed their application for discharge under Section 250 of the B.N.S.S. After the dismissal, the charges were framed against them. The petitioners argued that they no longer wished to pursue the revision since the trial had progressed. The court examined whether a revision petition remains maintainable when the petitioner does not press it. Finding that the petition was not actively pursued, the court dismissed the revision as not pressed. The order effectively upholds the lower court’s decision to deny discharge.

Issues considered

Is a revision petition maintainable when the petitioner does not press it after the charges have been framed?

Legislation cited

B.N.S.S. — s. 250

Subjects

revision
discharge application
criminal procedure
Section 250
high court

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                       CRIMINAL REVISION No. - 1565 of 2026

                                    Yogendra Kumar @ Jony And 3 Others
                                                                                              .....Revisionist(s)
                                                                       Versus

                                    State of U.P. and Another
                                                                                                   .....Opposite
                                                                                                         Party(s)

                                    Counsel for Revisionist(s)       : Nikhil Kumar Yadav, Vagish Yadav
                                    Counsel for Opposite Party(s)    : Suvansit Kumar Jaiswal, G.A.

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

                                    Petitioners have filed this revision petition to challenge the impugned
                                    order dated 30.1.2026 passed by Sessions Judge, Muzaffar Nagar in
                                    Sessions Trial No. 1444 of 2025, titled State Vs. Jony @ Yogendra and
                                    others, under Section 250 B.N.S.S., whereby his application seeking
                                    discharge has been dismissed.

                                    Learned counsel for the parties are present.

                                    Learned counsel for the petitioners states that subsequent to the impugned
                                    order dated 30.1.2026, dismissing application for discharge, the charges
                                    against the petitioners have been framed, therefore, he does not press this
                                    revision petition in order to avail appropriate remedy.

                                    The revision petition is dismissed as not pressed.



                                                                                              (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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