Dismissed¶17

Wahid Husain @ Bablu v. State of U.P. and Another

Allahabad HC14 Oct 2025CRLR/6434/2025

Case brief

AI extract

What is this about?

Criminal revision (CRLR No. 6434 of 2025, Allahabad High Court, Abdul Shahid, J.) dismissed at admission stage; challenge to cognizance order dated 7.8.2025 of ACJM Court No.3/Additional Civil Judge (SD), Rampur in Case No.305 of 2025 (State vs. Rashid), Case Crime No.78 of 2025, PS Saifani, District Rampur; FIR and charge-sheet under Sections 318(4), 338, 336(3), 340(2), 352, 351(3), 316(2) B.N.S.; cognizance not taken under Section 338 B.N.S., 2023; point left open to be raised at trial if prosecution evidence emerges; no illegality or irregularity found in impugned order; revisionist Wahid Husain @ Bablu represented by Rajesh Kumar Mishra; State represented by G.A.; decided October 15, 2025.

What did the court decide?

Prima facie, the FIR contains no ingredient of Section 338 of the B.N.S., 2023. ¶11

Wahid Husain @ Bablu Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL REVISION No. - 6434 of 2025

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Wahid Husain @ Bablu

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.....Revisionist(s)

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	Versus
State of U.P. and Another		.....Opposite Party(s)
Counsel for Revisionist(s)	:	Rajesh Kumar Mishra
Counsel for Opposite Party(s)	:	G.A.

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Court No. - 91

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HON'BLE ABDUL SHAHID, J.

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Heard learned counsel for the revisionist and learned AGA for the State.

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This criminal revision has been preferred against the order dated 7.8.2025 passed by ACJM, Court No.3/Additional Civil Judge (SD), Rampur in Case No.305 of 2025 (State vs. Rashid) arising out of Case Crime No.78 of 2025 under Sections 318(4), 336(3), 340(2), 352, 351(3), 316(2) of B.N.S., Police Station-Saifani, District-Rampur.

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The FIR had been registered under Sections 318(4), 338, 336(3), 340(2), 352, 351(3), 316(2) of B.N.S. at Police Station-Saifani, DistrictRampur and the charge-sheet has been filed under the same sections. At the time of taking cognizance, after perusal of the material evidences before the court, the court did not found the offence made out under Section 338 B.N.S., 2023 and took the cognizance in all other sections under charge-sheet.

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Prima facie, in the FIR, there is no ingredient of Section 338 of B.N.S., 2023, hence, during the trial, if any evidence has been produced by the prosecution, then this particular issue may be raised by the revisionist at the relevant time before the trial court.

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Presently, there is neither any illegality nor irregularity in the impugned order dated 7.8.2025 passed by ACJM, Court No.3/Additional Civil Judge (SD), Rampur. Hence, the criminal revision is liable to be dismissed at the

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CRLR No. 6434 of 2025

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(Abdul Shahid,J.)

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stage of admission.

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