Allahabad High Court

ULJHAN SINGH BINDversusSTATE OF U.P. AND ANOTHER

Decided: 3 May 2026
Bench: MANOJ BAJAJ

Holding

The revision petition is dismissed as withdrawn.

Summary

Petitioner Uljhan Singh Bind filed an application under Section 173(4) of the BNSS, 2023 before the Chief Judicial Magistrate, Prayagraj, seeking registration of an FIR and investigation. The magistrate treated the application as a complaint case and declined to exercise jurisdiction to register an FIR. Aggrieved, the petitioner filed a criminal revision before the Allahabad High Court. The petitioner, however, chose not to press the revision petition. Consequently, the High Court dismissed the revision petition as withdrawn.

Issues considered

Whether an application under Section 173(4) of the BNSS, 2023 can be treated as a complaint case.
Whether the Chief Judicial Magistrate has jurisdiction to register an FIR in such circumstances.

Legislation cited

BNSS, 2023 — s. 173(4)

Subjects

criminal procedure
revision
jurisdiction
FIR
complaint case

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     CRIMINAL REVISION No. - 5913 of 2025

                                    Uljhan Singh Bind
                                                                                             .....Revisionist(s)
                                                                      Versus

                                    State of U.P. and Another
                                                                                                  .....Opposite
                                                                                                        Party(s)

                                    Counsel for Revisionist(s)                  :    In Person
                                    Counsel for Opposite Party(s)               :    G.A., Sonu Malik

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

                                    Petitioner- Uljhan Singh Bind is aggrieved against the impugned order
                                    dated 23.06.2025 passed by Chief Judicial Magistrate, Prayagraj in Misc.
                                    Application No.47879 of 2025, titled Uijhan Singh Bind vs. Sonu Malik,
                                    whereby his application under Section 173(4) BNSS, 2023 has been
                                    treated as a complaint case.

                                    Since the complaint filed under Section 173(4) BNSS has been
                                    alternatively treated as a complaint case while refusing to exercise
                                    jurisdiction for registration of FIR and investigation, learned counsel for
                                    the petitioner does not press this revision petition.

                                    Dismissed as withdrawn.



                                                                                             (Manoj Bajaj,J.)
                                    May 4, 2026
                                    Raj




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

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