Allahabad High Court
SUMIT KUMAR SAXENAversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- LAKSHMI KANT SHUKLA
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The criminal revision is dismissed as withdrawn.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 The Court, after considering the submissions, dismissed the criminal revision as withdrawn.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- Whether a criminal revision can be withdrawn after the underlying dispute has been resolved through mediation under Section 528 of the BNSS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
- BNSS — s. 528
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dismissed as withdrawn.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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