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Allahabad High Court

MUNNA LALversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The Court held that the application under Section 528 BNSS is dismissed as withdrawn, granting the applicant liberty to file a revision before the Sessions Judge.

Summary

Munna Lal filed an application under Section 528 of the BNSS seeking to challenge an order dated 27‑04‑2023. The complainant had already filed a revision before the Sessions Judge, Farrukhabad, and the applicant requested to contest the revisional court’s order by filing a fresh revision. The High Court examined whether the application could be entertained in view of the pending revision. It held that the applicant could pursue the matter through a revision before the Sessions Judge and therefore dismissed the application as withdrawn. The court directed the return of certified copies to the applicant’s counsel after retaining xerox copies on record.

Issues considered

  • Whether an application under Section 528 BNSS is maintainable when a revision is already pending before the Sessions Judge

Legislation cited

Subjects

  • Section 528
  • BNSS
  • revision
  • High Court
  • procedural application
  • dismissal

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 528 BNSS No. - 37822 of 2026

                                    Munna Lal
                                                                                                 .....Applicant(s)
                                                                        Versus

                                    State of U.P. and Another
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)                     :   Lavkush Kumar Bhatt
                                    Counsel for Opposite Party(s)                :   G.A.

                                    Court No. - 74
                                                          HON'BLE DEEPAK VERMA, J.

                                    1. Heard learned counsel for the applicant and learned A.G.A. for the State.

                                    2. Learned counsel for the applicant submit that against the order dated
                                    27.04.2023, the complainant filed a revision before learned Sessions Judge,
                                    Farrukhabad and applicant has prayed to challenge the Revisional Court's
                                    order by way of filing revision.

                                    3. In the view of the aforesaid, instant application u/s 528 BNSS is
                                    dismissed as withdrawn with liberty to file revision.

                                    4. 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
                                    Nisha




Digitally signed by :-
nisha kumari
High Court of Judicature at Allahabad


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