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Allahabad High Court

SUMIT KUMAR SAXENAversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The criminal revision is dismissed as withdrawn.

Summary

The petitioner, Sumit Kumar Saxena, challenged a recovery warrant issued against him by filing a criminal revision. He subsequently filed an application under Section 528 of the BNSS, which was referred to mediation and successfully concluded. Following the mediation, the petitioner sought to withdraw the criminal revision. The State, represented by the Attorney General, raised no objection to this request. The Court, after considering the submissions, dismissed the criminal revision as withdrawn.

Issues considered

  • Whether a criminal revision can be withdrawn after the underlying dispute has been resolved through mediation under Section 528 of the BNSS

Legislation cited

Subjects

  • criminal revision
  • recovery warrant
  • Section 528
  • mediation
  • withdrawal of revision

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                       CRIMINAL REVISION No. - 265 of 2025

                                    Sumit Kumar Saxena
                                                                                             .....Revisionist(s)
                                                                      Versus

                                    State Of U.P. And 2 Others
                                                                                                  .....Opposite
                                                                                                        Party(s)

                                    Counsel for Revisionist(s)    : Arvind Srivastava Iii,         Divyanshu
                                                                    Pathak, Pratik Kumar
                                    Counsel for Opposite Party(s) : Arpit Agarwal, G.A.

                                    Court No. - 87
                                                     HON'BLE LAKSHMI KANT SHUKLA, J.

                                    1. Heard Mr. Divyanshu Pathak, learned counsel for revisionist, learned
                                    AGA representing State-opposite party no. 1 and perused the record.

                                    2. Learned counsel for the revisionist submits that in persuasion of the
                                    impugned order, a recovery warrant has been issued against the
                                    revisionist. Against the said recovery warrant, the revisionist moved an
                                    application under Section 528 of the BNSS, wherein the matter was
                                    referred for mediation and the mediation proceedings have successfully
                                    concluded.

                                    3. In view of the above learned counsel for the revisionist submits that he
                                    does not wish to press the instant criminal revision and prays that he may
                                    be permitted to withdraw the same.

                                    4. Learned A.G.A. has no objection to the innocuous prayer made by
                                    learned counsel for the revisionist.

                                    5. In view of the above conspectus, the present criminal revision is
                                    dismissed as withdrawn.



                                                                                   (Lakshmi Kant Shukla,J.)
                                    September 9, 2026
                                    Arti




Digitally signed by :-
ARTI SHARMA
High Court of Judicature at Allahabad


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