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Allahabad High Court

VIRENDRA KUMAR GUPTAversusSTATE OF U.P. AND 4 OTHERS

Decided

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 Finding that the original order was indeed rescinded and no substantive issue persisted, the court held that the revision was infructuous.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

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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