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Allahabad High Court

SMT. SUSHILA DEVI AND ANOTHERversusSTATE OF U.P. AND ANOTHER

Decided

Holding

In the absence of exceptional circumstances, the revision petition must be filed before the Sessions Court and the High Court dismissed the petition.

Summary

The accused filed a revision petition in the Allahabad High Court challenging a July 1, 2025 order of the Judicial Magistrate, Meerut that dismissed their discharge application under Section 239 of the Criminal Procedure Code in a case involving offences under Sections 498A, 323, 354, 504, 506 IPC and Sections 3/4 of the Domestic Violence Act. The High Court examined whether it could entertain the revision directly or whether the petitioners must first approach the Sessions Court, noting that the statute provides concurrent jurisdiction but ordinarily requires recourse to the Sessions Court unless exceptional circumstances exist. The Court found that the petitioners had not demonstrated any such exceptional ground. Consequently, the High Court declined to entertain the revision, but granted the petitioners liberty to file a revision before the Sessions Court within three weeks, after which the matter would be decided on merits. The revision petition was therefore disposed of.

Issues considered

  • Whether the High Court has jurisdiction to entertain a revision petition directly against a magistrate’s order under Section 239 CrPC.
  • Whether the petitioners have shown exceptional circumstances justifying bypassing the Sessions Court.

Legislation cited

Subjects

  • revision jurisdiction
  • high court jurisdiction
  • sessions court
  • section 239 CrPC
  • discharge application
  • IPC 498A
  • domestic violence act
  • criminal procedure

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                         CRIMINAL REVISION No. - 4162 of 2025

                                    Smt. Sushila Devi And Another
                                                                                                            .....Revisionist(s)
                                                                                Versus
                                    State of U.P. and Another
                                                                                                        .....Opposite Party(s)

                                    Counsel for Revisionist(s)              :   Akash Patel
                                    Counsel for Opposite Party(s)           :   G.A., Manvendra Nath Singh, Sanjay Tiwari

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

                                    Petitioners- Accused have filed this revision petition to challenge the impugned order
                                    dated 01.07.2025 passed by Judicial Magistrate, Meerut in Misc. Criminal Case
                                    No.6503 of 2019, arising out of Case Crime No.466 of 2018, under Sections 498A,
                                    323, 354, 504, 506 IPC read with Section 3/4 D.P. Act, registered at Police Station
                                    Bhawanpur, District Meerut, whereby their discharge application under Section 239
                                    Cr.P.C. has been dismissed.

                                    No doubt, the impugned order dated 01.07.2025 is revisable, and 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 petitioners-accused for straightway invoking
                                    the revisional jurisdiction of this Court against the impugned order dated 01.07.2025
                                    passed by the Magistrate.

                                    Thus, this Court is not inclined to entertain the revision petition, however, a liberty is
                                    granted to the accused-petitioners 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.


                                    The revision petition is disposed of.

                                                                                                           (Manoj Bajaj,J.)

                                    April 20, 2026
                                    Raj




Digitally signed by :-
RAJ KUMAR
High Court of Judicature at Allahabad


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