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Allahabad High Court

KM UPMAversusSTATE OF U.P. AND 6 OTHERS

Decided

Holding

The application under Section 528 is dismissed as withdrawn, with liberty to file a revision before the appropriate forum.

Summary

The applicant, Km Upma, filed an application under Section 528 of the Criminal Procedure Code challenging an order. The opposing party's counsel raised a preliminary objection, contending that the applicant had an alternative remedy of filing a revision and that the application was not maintainable. The applicant's counsel did not contest this argument and agreed that the application could be withdrawn. The court accepted the view that the appropriate remedy was a revision petition and dismissed the application as withdrawn, granting liberty to file a revision before the appropriate forum. The court also directed the return of certified copies of the documents to the applicant's counsel while retaining a photocopy on record.

Issues considered

  • Whether the application under Section 528 is maintainable when an alternative remedy of revision is available

Legislation cited

Subjects

  • Criminal Procedure
  • Section 528
  • Revision
  • Maintainability
  • Preliminary objection

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               APPLICATION U/S 528 BNSS No. - 18359 of 2026

                                    Km Upma
                                                                                                  .....Applicant(s)
                                                                       Versus
                                    State Of U.P. And 6 Others
                                                                                                      .....Opposite
                                                                                                            Party(s)

                                    Counsel for Applicant(s)              :   Anjani Kumar, Gaurav Tiwari
                                    Counsel for Opposite Party(s)         :   G.A.

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

                                    1. Heard learned counsel for applicant and learned AGA.

                                    2. At the very outset, learned AGA has raised a preliminary objection
                                    regarding maintainability of the instant application and submitted that
                                    applicant is having an alternative remedy to challenge the order impugned
                                    by way of preferring revision.

                                    3. Learned counsel for applicant has not disputed the argument raised by
                                    learned AGA and submitted that the present application may be dismissed as
                                    withdrawn with liberty to file revision before appropriate forum of law.

                                    4. In view thereof, the present application stands dismissed as withdrawn
                                    with the aforesaid alternative remedy.

                                    5. Office is hereby directed to return the certified copies of orders/documents
                                    appended with this application to learned counsel for applicant forthwith
                                    after retaining photocopy of the same on record.

                                    May 5, 2026
                                    Vivek Kr.
                                                                                         (Saurabh Srivastava,J.)




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

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