Allahabad High Court
SHEELENDRA SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The application under Section 528 is dismissed as withdrawn, with liberty to file a revision.
Summary
The applicant, Sheelendra Singh, filed an application under Section 528 of the Code of Criminal Procedure challenging an order dated 21‑02‑2024, which the complainant had appealed before the Additional Sessions Judge, Hathras. The applicant contended that he retained the right to contest the revisional court's order by filing a fresh revision. The High Court examined whether the application under Section 528 was maintainable in the present circumstances. The Court held that the applicant could indeed approach the revisional court and therefore dismissed the present application as withdrawn, granting liberty to file a proper revision. The Court also directed the return of certified copies to the applicant’s counsel after retaining xerox copies on record.
Issues considered
- Whether the application under Section 528 of the CrPC is maintainable in view of the pending revision before the Additional Sessions Judge.
- Whether the applicant has the right to file a fresh revision against the order dated 21‑02‑2024.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
Subjects
- revision
- Section 528
- Criminal Procedure
- High Court
- application withdrawn
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37463 of 2026
Sheelendra Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Jitendra Pal Singh Jadaun, Seema Singh
Jadaun
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Applicant's counsel submits that against the order dated 21.02.2024, the
complainant filed revision before Additional Sessions Judge, Hathras. The
applicant has remedy to challenge the Revisional Court's order by way of
filing Revision.
2. In view of the aforesaid, instant application U/s 528 BNSS is dismissed
as withdrawn with liberty to file revision.
3. Office is directed to return all the certified copies annexed with this
application to the applicant's counsel after retaining xerox of the same on
record.
(Deepak Verma,J.)
September 9, 2026
Nitin Verma
Digitally signed by :-
NITIN KUMAR VERMA
High Court of Judicature at Allahabad
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