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Allahabad High Court

MAZHAR HUSSAINversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The revision petition is dismissed as withdrawn.

Summary

Petitioner Mazhar Hussain filed a revision petition in the Allahabad High Court challenging an order dated 13 January 2026 passed by the Additional Session Judge/Special Judge (PC Act) in Bareilly, which had dismissed his application under Section 173(4) of the B.N.S.S. The revision sought to set aside that dismissal. During the hearing, the petitioner's counsel did not pursue the matter or press any alternative remedy. Consequently, the petitioner withdrew the petition. The High Court dismissed the revision petition as withdrawn, leaving the original order of the lower court intact.

Issues considered

  • What is the appropriate remedy for a party dissatisfied with a dismissal of an application under Section 173(4) of the B.N.S.S.?

Legislation cited

Subjects

  • revision
  • criminal procedure
  • Section 173(4)
  • withdrawal
  • dismissal

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                     CRIMINAL REVISION No. - 2558 of 2026

                                    Mazhar Hussain
                                                                                                  .....Revisionist(s)
                                                                        Versus
                                    State of U.P. and Another
                                                                                                       .....Opposite
                                                                                                             Party(s)

                                    Counsel for Revisionist(s)                       :   Sudarshan Singh
                                    Counsel for Opposite Party(s)                    :   G.A.

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

                                    Petitioner has filed this revision petition to challenge the impugned order
                                    dated 13.01.2026 passed by Additional Session Judge/Special Judge (PC
                                    Act), Room No. 1, Bareilly in Criminal Misc. Application No. 1103 of 2025
                                    (Mazhar Hussain versus S.I. Shivam Kumar) under Section 173 (4)
                                    B.N.S.S., P.S. Kotwali, District-Bareilly, whereby the learned court below
                                    has rejected the application under Section 173(4) B.N.S.S. of the petitioner.

                                    The petition has been filed to challenge the order dated 13.01.2026 whereby
                                    the application filed under Section 173(4) of B.N.S.S., by petitioner has been
                                    dismissed, but during the course of hearing, learned counsel for the
                                    petitioner does not press this petition in order to avail the alternative remedy
                                    in accordance with law.

                                    The revision petition is dismissed as withdrawn.

                                    April 20, 2026
                                    SY
                                                                                                 (Manoj Bajaj,J.)




Digitally signed by :-
SWETA YADAV
High Court of Judicature at Allahabad


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