Allahabad High Court
RAMKUMARversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- MANOJ BAJAJ
Holding
The High Court held that, lacking exceptional grounds, the revision petition cannot be entertained and must be filed before the Court of Sessions.
Summary
Ramkumar, an accused, filed a revision petition in the Allahabad High Court challenging the order of the Additional Chief Judicial Magistrate that dismissed his application for discharge in a criminal case under IPC sections 419, 420, 468 and 471. The High Court examined whether it could entertain the revision directly or whether the petitioner must first approach the Sessions Court, noting that both courts have concurrent revisional jurisdiction but the usual practice is to approach the Sessions Court first. The Court found that the petition did not disclose any exceptional circumstance justifying direct High Court intervention. Consequently, the petition was not entertained, but the Court granted the petitioner liberty to file a revision before the Sessions Court within three weeks. The revision petition was therefore disposed of.
Issues considered
- Whether the Allahabad High Court can entertain a revision petition directly against the order of the Additional Chief Judicial Magistrate in the absence of exceptional circumstances.
- Whether the petitioner must first approach the Court of Sessions for revision.
Legislation cited
- Indian Penal Code — s. 419, 420, 468, 471
Subjects
- revision jurisdiction
- criminal procedure
- discharge application
- High Court jurisdiction
- IPC offences
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL REVISION No. - 2547 of 2026
Ramkumar
.....Revisionist(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Revisionist(s) : Saima Saher
Counsel for Opposite Party(s) : G.A.
Court No. - 85
HON'BLE MANOJ BAJAJ, J.
Petitioner-Accused has filed this revision petition to challenge the
impugned order dated 17.02.2026 passed by Additional Chief Judicial
Magistrate, Court No.8, Agra in Case No.09 of 2019, titled State Vs.
Ramkumar Manager and others, arising out of Case Crime No.390 of
2018, under Sections 419, 420, 468, 471 I.P.C., registered at Police
Station Etmaddaula, district Agra, whereby his discharge application has
been dismissed.
No doubt, the impugned order dated 17.02.2026 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
straight away invoking the revisional jurisdiction of this Court against the
impugned order dated 17.02.2026 passed by Additional Chief Judicial
Magistrate, Court No.8, Agra.
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.
CRLR No. 2547 of 2026
2
The revision petition is disposed of.
(Manoj Bajaj,J.)
April 20, 2026
R./
Digitally signed by :-
RAJEEV KUMAR SACHDEVA
High Court of Judicature at Allahabad
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