RAMESHWAR PANDEY @ TOPI WALAversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD

                 CRIMINAL REVISION No. - 8972 of 2025

Rameshwar Pandey @ Topi Wala
                                                            .....Revisionist(s)
                                   Versus
State of U.P. and Another
                                                                 .....Opposite
                                                                       Party(s)

Counsel for Revisionist(s)               :   Rajesh Kumar Chitragupt
Counsel for Opposite Party(s)            :   G.A.

Court No. - 49
                      HON'BLE ACHAL SACHDEV, J.

1. Heard learned counsel for the revisionist, learned AGA for the State and
perused the record.

2. Present Criminal revision has been preferred by the revisionist against the
impugned order dated 25.09.2025, passed by learned Judicial Magistrate,
Siddharth Nagar, in Criminal Misc. Case No.96 of 2025 (Ashish Kumar
Pandey Vs. Rameshwar Pandey @ Topi Wala and Others), under section
175(3) of BNSS, Police Station Uska Bazar, District Siddharth Nagar,
whereby the learned court below has allowed the application moved by the
opposite party no.2, under section 175(3) of BNSS.

3. Learned AGA for the State has raised a preliminary objection on the
ground that an order allowing application under section 173(4) read with
section 175(3) of BNSS is an order relating to pre-cognizance stage and the
proposed accused has no locus standi to prefer a revision against the order
on the ground that it is purely an interlocutory order, as has been laid down
by Full Bench of High Court, Allahabad, in the case of Father Thomas Vs.
State of Uttar Pradesh, reported in (2011) CrLJ 2278 and more recently in
the case of Kamlesh Meena Vs. State of Uttar Pradesh, reported in 2025
SCC OnLine ALL 4386.

4. Perusal of record shows that the present revision has been preferred by the
revisionist being aggrieved by the impugned order dated 25.09.2025, passed
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                                                                     2


                                    by the learned Judicial Magistrate, Siddharth Nagar, in Criminal Misc. Case
                                    No.96 of 2025 (Ashish Kumar Pandey Vs. Rameshwar Pandey @ Topi Wala
                                    and Others), under section 175(3) of BNSS, Police Station Uska Bazar,
                                    District Siddharth Nagar, whereby the learned court below has allowed the
                                    application moved by the opposite party no.2, under section 175(3) of BNSS
                                    and directed the Station House Officer, Uska Bazar, District Siddharth
                                    Nagar, to register a criminal case and to investigate the matter, in the light of
                                    ratio decidendi given by the Full Bench of High Court, Allahabad, in the
                                    case of Father Thomas (supra) and more recently in the case of Kamlesh
                                    Meena(supra).

                                    5. In the light of aforesaid discussion, this Court is of the view that the
                                    impugned order dated 25.09.2025 is purely interlocutory order and no
                                    revision is maintainable under the provision of section 438/442 of BNSS,
                                    2023 or section 397(1) of Cr.P.C. against an interlocutory order. Hence, the
                                    present criminal revision is liable to be dismissed at the admission stage
                                    itself.

                                    6. Accordingly, the instant criminal revision is hereby dismissed.

                                    April 9, 2026
                                    VKG
                                                                                               (Achal Sachdev,J.)




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