Allahabad High Court
BHULLAN SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- MANOJ BAJAJ
Holding
The High Court declined to entertain the revision petition and directed the petitioner to file the revision before the Sessions Court.
Summary
Bhullan Singh, the accused, filed a revision petition in the Allahabad High Court challenging the order dated 13-10-2025 of the Chief Judicial Magistrate, Bulandshahr, which dismissed his discharge application under Section 239 of the Criminal Procedure Code. The petition sought to overturn the dismissal of the discharge in a case registered under Sections 501 and 506 of the Indian Penal Code. The High Court examined whether it could entertain the revision directly or whether the petitioner must first approach the Sessions Court, noting that the statute provides concurrent revision jurisdiction to both courts. The Court held that, except in exceptional circumstances, the proper forum for such a revision is the Sessions Court and found no such exceptional ground in the present petition. Consequently, the High Court declined to entertain the revision, but granted liberty to file the same before the Sessions Court within three weeks, and disposed of the petition.
Issues considered
- Whether the Allahabad High Court has jurisdiction to entertain the revision petition directly against the order of the Chief Judicial Magistrate.
- Whether the petitioner has shown any exceptional circumstance justifying the invocation of the High Court's revisional jurisdiction.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 239
- Indian Penal Code — s. 501, 506
Subjects
- revision jurisdiction
- high court
- sessions court
- criminal procedure
- discharge application
- Section 239 CrPC
- Sections 501 and 506 IPC
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL REVISION No. - 8166 of 2025
Bhullan Singh
.....Revisionist(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Revisionist(s) : Awadhesh Kumar Pandey, Chandra
Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 85
HON'BLE MANOJ BAJAJ, J.
Petitioner-Accused has filed this revision petition to challenge the
impugned order dated 13.10.2025 passed by Chief Judicial Magistrate,
Bulandshahr in Criminal Misc. Case No.849 of 2025, titled State Vs.
Bhullan Singh, arising out of Case Crime No.1041 of 2022, under
Sections 501, 506 I.P.C., registered at Police Station Kotwali city, district
Bulandshahr, whereby discharge application under Section 239 Cr.P.C.
filed by petitioner has been dismissed.
No doubt, the impugned order dated 13.10.2025 is revisable, but 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 petitioner-complainant for
straightway invoking the revisional jurisdiction of this Court against the
impugned order dated 13.10.2025 passed by Chief Judicial Magistrate,
Bulandshahr.
Thus, this Court is not inclined to entertain the revision petition, however,
a liberty is granted to the accused-petitioner 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.
CRLR No. 8166 of 2025
2
The revision petition is disposed of.
(Manoj Bajaj,J.)
May 5, 2026
R./
Digitally signed by :-
RAJEEV KUMAR SACHDEVA
High Court of Judicature at Allahabad
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