Abhinandan Verma vs State of Up and 2 Others — Allahabad HC (2026) — LawSathi Research

Abhinandan Verma vs State of Up and 2 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the complainant-petitioner to file a revision petition before the Court of Sessions; if filed within four weeks, the same shall be decided on merits.

Issue for consideration

Whether the High Court should entertain, in the absence of exceptional circumstances, a criminal revision filed straightaway against the Chief Judicial Magistrate's order rejecting the complainant's application under Section 173(4) BNSS, when the Court of Session possesses concurrent revisional jurisdiction.

Court's answer

The impugned order dated 25.02.2025 is revisable; the statute confers concurrent revisional jurisdiction on the Court of Session and the High Court, and ordinarily a litigant must first avail the remedy of revision before the Court of Session, the High Court's revisional jurisdiction being invocable only under exceptional circumstances.

Ratio / Principle

No exceptional ground was made out by the petitioner-complainant for straightway invoking the revisional jurisdiction of the High Court against the impugned order dated 25.02.2025 passed by the Chief Judicial Magistrate.

Key takeaways

The High Court was not inclined to entertain the revision petition, but granted liberty to the complainant-petitioner to file a revision petition before the Court of Sessions; if filed within four weeks, the same shall be decided on merits.ratio¶¶13

Detailed headnote1 paragraphs

Criminal Revision (Allahabad High Court, Manoj Bajaj, J., April 24, 2026) — Revisionist challenged the order dated 25.02.2025 of the Chief Judicial Magistrate, Basti rejecting his application under Section 173(4) BNSS in Criminal Misc. Case No. 3134 of 2024 arising out of Misc. Case No. 765/12/2024 (Abhinandan Verma versus Branch Manager, Muthood Fincorp Ltd. and Others), P.S. Kotwali, District Basti. Held: the Sessions Court and the High Court have concurrent revisional jurisdiction over such an order; a litigant must ordinarily first avail the remedy of revision before the Court of Session, and the High Court's revisional jurisdiction may be invoked only under exceptional circumstances; no exceptional ground was made out for straightway approaching the High Court. Revision petition not entertained; liberty granted to file revision before the Court of Sessions within four weeks, to be decided on merits; petition disposed of.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 1880 of 2026

Abhinandan Verma

.....Revisionist(s)

Versus
State Of Up And 2 Others	.....Opposite Party(s)
Counsel for Revisionist(s) Counsel for Opposite Party(s)	: Ganesh Kumar : G.A.

Court No. - 85

HON'BLE MANOJ BAJAJ, J.

Petitioner has filed this revision petition to challenge the impugned order dated 25.02.2025 passed by the learned Chief Judicial Magistrate, Basti in Criminal Misc. Case No. 3134 of 2024 arising out of Misc. Case No. 765/12/2024 (Abhinandan Verma versus Branch Manager, Muthood Fincorp Ltd. and Others) under Section 173(4) BNSS, Police Station-Kotwali, District-Basti, whereby the application of the petitioner under Section 173(4) BNSS has been rejected.

No doubt, the impugned order dated 25.02.2025 is revisable, if such a complaint by complainant is dismissed, but the statute has conferred, the concurrent jurisdiction of revision with the court of sessions as well as the High Court. In the considered opinion of this Court, ordinarily a litigant must avail the remedy of revision before the court of sessions, and only under exceptional circumstances, the revisional jurisdiction of this Court can be invoked.

A perusal of the grounds pleaded in the revision petition would show that no exceptional ground is made out by the petitionercomplainant for straightway invoking the revisioanl jurisdiction of this Court against the impugned order dated 25.02.2025 passed by Chief Judicial Magistrate.

Thus, this Court is not inclined to entertain the revision petition,

CRLR No. 1880 of 2026

2

however, a liberty is granted to the complainant-petitioner to file the revision petition before the Court of Sessions, and if, it is filed within next four weeks, the same shall be decided on merits.

The revision petition is disposed of.

April 24, 2026 SY

(Manoj Bajaj,J.)

Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad