Allahabad High Court
VIRENDRA KUMAR GUPTAversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- MANOJ BAJAJ
Holding
The revision was dismissed as infructuous because the impugned order had been recalled.
Summary
The petitioner Virendra Kumar Gupta filed a criminal revision challenging an order dated 19 November 2025 passed by the Up‑Ziladhikari, Tehsil Sadar, Varanasi in a case under Section 152 of the BNSS. The petitioner argued that the impugned order had been recalled by the SDM, Varanasi on 18 March 2026, rendering the revision moot. The court examined whether any operative order remained for adjudication. Finding that the original order was indeed rescinded and no substantive issue persisted, the court held that the revision was infructuous. Consequently, the revision petition was dismissed.
Issues considered
- Whether a criminal revision is maintainable when the order under challenge has been recalled by a higher authority
Legislation cited
- BNSS — s. 152
Subjects
- criminal revision
- order recalled
- infructuous
- Section 152
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL REVISION No. - 547 of 2026
Virendra Kumar Gupta
.....Revisionist(s)
Versus
State Of U.P. And 4 Others
.....Opposite Party(s)
Counsel for Revisionist(s) : Ajit Dwivedi, Shivendu Ojha, Sr. Advocate
Counsel for Opposite Party(s) : G.A.
Court No. - 85
HON'BLE MANOJ BAJAJ, J.
The present criminal revision has been preferred against the order dated 19.11.2025,
passed by the Up-ziladhikari, Tehsil Sadar, Varanasi in Case No. 53566 of 2025
(Computerized Case No.T202514700153566) (Kumari Vishnupriya Vs. V.K. Coal
Traders through its Proprietor Virendra Kumar Gupta) under Section 152 of BNSS.
Learned counsel for the petitioner states that as the impugned order dated 19.11.2025
stands recalled by SDM, Varanasi vide order dated 18.03.2026, nothing survives for
adjudication in the petition, which is rendered infructuous.
Dismissed as infructuous.
(Manoj Bajaj,J.)
May 7, 2026
Raj
Digitally signed by :-
RAJ KUMAR
High Court of Judicature at Allahabad
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