Allahabad High Court
KAHASHARI BEGUMversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The application under Section 173(4) BNSS is dismissed because the applicant has an alternative remedy of filing a revision under Section 438 BNSS or Section 397 Cr.P.C.
Summary
The applicant, Kahashari Begum, filed an application under Section 173(4) of the BNSS challenging an order dated 21 July 2026 passed by the Additional Session Judge (Special Judge) in Complaint Case No. M/326/12/2026, which rejected her earlier application. The High Court heard counsel for both parties. The opposite side raised a preliminary objection, contending 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, which the applicant did not dispute. The Court considered that the existence of an alternative remedy barred the present application. Consequently, the Court dismissed the application, granting liberty to approach the appropriate forum for revision.
Issues considered
- Whether the applicant can proceed with an application under Section 173(4) BNSS when an alternative remedy of revision under Section 438 BNSS/Section 397 Cr.P.C. is available
Legislation cited
Subjects
- Criminal Procedure
- Section 173(4) BNSS
- Section 438 BNSS
- Section 397 Cr.P.C.
- Revision
- High Court
- Application dismissed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 36864 of 2026
Kahashari Begum
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Yashwant Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 79
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
21.07.2026 in Complaint Case No.M/326/12/2026, U/s Section 173(4) of
BNSS, passed by learned Additional Session Judge (Special Judge)
(DAA) Court No.2, District Kannauj 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/section 397 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.
September 11, 2026
Ashish/-
(Saurabh Srivastava,J.)
Digitally signed by :-
ASHISH KUMAR SINGH
High Court of Judicature at Allahabad
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