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Allahabad High Court

SHEELENDRA SINGHversusSTATE OF U.P. AND ANOTHER

Decided

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The application under Section 528 is dismissed as withdrawn, with liberty to file a revision.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held that the applicant could indeed approach the revisional court and therefore dismissed the present application as withdrawn, granting liberty to file a proper revision.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

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  • application withdrawn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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