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Allahabad High Court

SMT MADHUversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The application under Section 173(4) BNSS is dismissed as the applicant has an alternative remedy of filing a revision under Section 438 BNSS or Section 397 Cr.P.C.

Summary

The applicant, Smt. Madhu, filed an application under Section 173(4) of the BNSS challenging an order dated 30.01.2026 passed by the Chief Judicial Magistrate, Moradabad, which had rejected her application. The High Court noted a preliminary objection raised by the learned Additional Government Advocate that the applicant had an alternative remedy of filing a revision under Section 438 of the BNSS or Section 397 of the Criminal Procedure Code. The court found that this alternative remedy was available and not contested by the applicant. Consequently, the court dismissed the present application, granting the applicant liberty to pursue the revision remedy. The order was pronounced by Justice Saurabh Srivastava on 7 May 2026.

Issues considered

  • Whether the applicant can be compelled to pursue a revision under Section 438 BNSS/Section 397 Cr.P.C. instead of the present application under Section 173(4) BNSS.

Legislation cited

Subjects

  • Section 173(4) BNSS
  • revision
  • Criminal Procedure Code
  • application dismissal
  • preliminary objection

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 528 BNSS No. - 14231 of 2026

                                    Smt Madhu
                                                                                                  .....Applicant(s)
                                                                        Versus

                                    State Of U.P. And 4 Others
                                                                                                     .....Opposite
                                                                                                           Party(s)

                                    Counsel for Applicant(s)                       :    Sudhakar Yadav
                                    Counsel for Opposite Party(s)                  :    G.A.

                                    Court No. - 77
                                                      HON'BLE SAURABH SRIVASTAVA, J.

                                    1. Heard learned counsel for the applicant and learned AGA.

                                    2. The present petition has been preferred assailing the order dated
                                    30.01.2026 passed by learned Chief Judicial Magistrate, Moradabad in Misc.
                                    Case No. 3039 of 2025 (Smt. Madhu Vs. Pradhan Smt. Saroj and others)
                                    whereby application of applicant under Section 173(4) BNSS has been
                                    rejected.

                                    3. At the very outset, learned AGA has raised a preliminary objection and
                                    submitted that applicant has an alternative remedy to file revision under
                                    Section 438 BNSS/section397 Cr.P.C. challenging the order impugned,
                                    which is not disputed by learned counsel for applicant.

                                    4. In view thereof, the present application stands dismissed with the
                                    aforesaid liberty.



                                                                                        (Saurabh Srivastava,J.)
                                    May 7, 2026
                                    Shaswat




Digitally signed by :-
SHASWAT SINGH
High Court of Judicature at Allahabad


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