Allahabad High Court

GOVERDHAN ALIAS AJEETversusSTATE OF U.P. AND ANOTHER

Decided: 19 April 2026
Bench: MANOJ BAJAJ

Holding

The revision petition is dismissed as infructuous because the charges have already been framed, leaving no operative order to be challenged.

Summary

The petitioner, Goverdhan alias Ajeet, filed a criminal revision challenging the order dated 04.10.2025 that dismissed his discharge application in a case under Sections 376, 504 and 506 IPC. The Additional District and Sessions Judge had dismissed the discharge application and subsequently framed charges against the accused. The petitioner sought relief on the ground that the dismissal was erroneous. The High Court observed that once the charges were framed, the revision petition became infructuous as there was no pending order to challenge. Consequently, the Court dismissed the revision petition as infructuous.

Issues considered

Whether a revision petition challenging the dismissal of a discharge application is maintainable after charges have been framed against the accused

Legislation cited

Indian Penal Code — s. 376, 504, 506

Subjects

criminal procedure
discharge application
revision petition
framing of charges
infructuous petition

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                     CRIMINAL REVISION No. - 8269 of 2025

                                    Goverdhan Alias Ajeet
                                                                                                .....Revisionist(s)
                                                                       Versus
                                    State of U.P. and Another
                                                                                                     .....Opposite
                                                                                                           Party(s)

                                    Counsel for Revisionist(s)    : Shivbaboo
                                    Counsel for Opposite Party(s) : G.A., Himanshu Pandey,             Kshatresh
                                                                    Kumar, Ratnesh Mishra

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

                                    Petitioner- Accused has filed this revision petition to challenge the impugned
                                    order dated 04.10.2025 passed by Additional District and Sessions
                                    Judge/FTC Ist, Kaushambi in S.T. No.09 of 2025, titled State vs. Goverdhan
                                    @ Ajeet, arising out of Case Crime No.474 of 2023, under Sections 376,
                                    504, 506 IPC, registered at Police Station Kokhraj, District Kaushambi,
                                    whereby his discharge application has been dismissed.

                                    Concededly, after dismissal of the discharge application on 04.10.2025
                                    (impugned order), the charges against the petitioner- accused have been
                                    framed. As a result, in the absence of any challenge to the order framing
                                    charges, the petition is disposed of as infructuous.

                                    Dismissed as infructuous.

                                    April 20, 2026
                                    Raj
                                                                                               (Manoj Bajaj,J.)




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

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