Allahabad High Court
SMT MAMTA KUMARI AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- JAI KRISHNA UPADHYAY
Holding
The revision is dismissed as infructuous because it does not challenge the later charge‑framing order.
Summary
The revisionists, Smt Mamta Kumari and two others, filed a criminal revision challenging the Additional Chief Judicial Magistrate's order rejecting their application for discharge in a case under Sections 498-A, 323, 504, 506 IPC and the Dowry Prohibition Act. After the trial court later framed charges, the revisionists argued that the revision had become infructuous because it only contested the discharge order, not the subsequent charge framing. The High Court examined the record and noted that the revision did not challenge the charge‑framing order. Relying on the principle that a revision becomes moot when the subject matter is no longer operative, the Court held the revision to be infructuous. Consequently, the criminal revision was dismissed.
Issues considered
- Whether the criminal revision filed against the order rejecting the discharge application is infructuous in view of subsequent charge framing
Legislation cited
- Dowry Prohibition Act — s. 3, 4
- Indian Penal Code — s. 323, 498-A, 504, 506
Subjects
- criminal revision
- infructuous
- discharge application
- charge framing
- IPC
- Dowry Prohibition Act
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL REVISION No. - 3884 of 2026
Smt Mamta Kumari And 2 Others
.....Revisionist(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Revisionist(s) : Ken Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 85
HON'BLE JAI KRISHNA UPADHYAY, J.
1. Heard Mr. Ken Singh, learned counsel for the revisionists and Mr. Triloki
Singh, learned AGA for the State.
2. The present criminal revision has been preferred against the judgment and
order dated 06.05.2026 passed by Additional Chief Judicial Magistrate,
Court No.1, Agra in Criminal Case No. 19492 of 2024 (State Vs. Narayan
Singh & others) arising out of Case Crime No. 127 of 2024, under Section
498-A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, Police Station -
Jagdishpoura, District - Agra on an application for discharge by which the
learned trial Court has rejected the application for discharge of the
revisionists on 06.05.2026.
3. During the course of arguments, learned counsel for the revisionists fairly
submitted that, in view of the subsequent framing of charges in the present
case, the instant criminal revision has become infructuous. It is, accordingly,
submitted that the revision may be dismissed as having become infructuous.
4. A perusal of the record shows that the instant revision was filed against
the order passed on the discharge application. The order whereby charges
have subsequently been framed has not been challenged in the present
revision. In these circumstances, and particularly in view of the submission
made by learned counsel for the revisionist, the instant revision has become
CRLR No. 3884 of 2026
2
infructuous.
5. Accordingly, the criminal revision is dismissed as having become
infructuous.
September 24, 2026
S.K.S. (Jai Krishna Upadhyay,J.)
Digitally signed by :-
SUNIL KUMAR SINGH
High Court of Judicature at Allahabad
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