Allahabad High Court
MANISHA SINGHversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- MANOJ BAJAJ
Holding
The High Court held that the revision petition is not maintainable and must be pursued before the Sessions Court.
Summary
Manisha Singh filed a complaint under Section 156(3) of the Criminal Procedure Code against Surya Prakash and others. The Additional Chief Judicial Magistrate in Ballia dismissed the complaint under Section 203, finding no prima facie case. Aggrieved, the petitioner filed a criminal revision before the Allahabad High Court. The High Court held that the revision petition was not maintainable because the petitioner had not approached the Sessions Court and had not shown any exceptional ground for revision. Consequently, the petition was disposed without merits, and the petitioner was directed to seek remedy before the Sessions Court.
Issues considered
- Whether an order of dismissal under Section 203 CrPC is revisable by a High Court on a revision petition.
- Whether the petitioner can invoke the High Court's revisional jurisdiction directly without first approaching the Sessions Court.
- Whether limitation is a bar to the revision petition.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 156(3), 203
Subjects
- criminal procedure
- revision
- Section 203
- Section 156(3)
- High Court
- complaint dismissal
- limitation
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL REVISION No. - 8271 of 2025
Manisha Singh
.....Revisionist(s)
Versus
State Of U.P. And 2 Others
.....Opposite Party(s)
Counsel for Revisionist(s) : Abhilasha Singh, Rajiv Dwivedi
Counsel for Opposite Party(s) : G.A.
Court No. - 85
HON'BLE MANOJ BAJAJ, J.
Petitioner- Complainant is aggrieved against the order dated 19.08.2025 passed by
Additional Chief Judicial Magistrate-Ist, Ballia in Complaint Case No.830 of 2024,
titled Manisha vs. Surya Prakash and others, whereby her complaint has been rejected
by the trial court under Section 203 Cr.P.C.
Previously on two occasions, the case was adjourned on request of the petitioner.
Today again no one has appeared on behalf of the petitioner.
The complaint filed by the complainant- petitioner under Section 156(3) Cr.P.C. was
treated as a complaint case and after completion of pre- summoning evidence, the trial
court proceeded to dismiss the complaint under Section 203 Cr.P.C. as no prima facie
commission of alleged offences was made out on the basis of the evidence.
Since the impugned order is revisable, but the petitioner has straightway invoked the
jurisdiction of this Court instead of approaching the Court of Sessions. A reading of
the grounds of the plea would show that no exceptional ground is made out by the
petitioner- complainant to invoke the revisional jurisdiction of this Court, therefore,
this Court is not inclined to entertain the revision petition. However, it shall be open
for the petitioner- complainant to avail the remedy before the Court of Sessions. In
case, the revision petition is filed within a period of three weeks, the same shall be
decided on merits without going into the issue of limitation.
The petition is disposed off.
May 5, 2026
Raj
(Manoj Bajaj,J.)
Digitally signed by :-
RAJ KUMAR
High Court of Judicature at Allahabad
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