Kush @ Kush Kumar v. State of U.P.
Criminal Revision (Allahabad High Court, Manoj Bajaj, J.) – Maintainability
Case brief
What is this about?
Allahabad High Court, Criminal Revision No. 1456 of 2026, Kush @ Kush Kumar vs State of U.P., decided April 28, 2026 by Manoj Bajaj, J. Revision against dismissal of Section 311 Cr.P.C. application held not maintainable as interlocutory order barred by Section 397(2) Cr.P.C.; Sethuraman Vs. Rajamanickam, 2009 AIR SCW 2066 relied on; underlying case under Sections 354, 506 IPC and Section 7/8 POCSO Act; revision dismissed as not maintainable.
What did the court decide?
The order dated 15.11.2025 dismissing the application under Section 311 Cr.P.C. is an interlocutory order, and therefore the revision petition against it is not maintainable in view of Section 397(2) Cr.P.C., as supported by the Supreme Court decision in Sethuraman Vs. Rajamanickam, 2009 AIR SCW 2066. ¶9