Suresh vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2026) — LawSathi Research

Suresh vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interlocutory admission only: the criminal revision was admitted ('Admit.'); notice was ordered to the respondent no.2 through the CJM concerned, returnable at an early date; steps within a week; matter to be listed fresh on 26.05.2026. No final adjudication on merits.

Issue for consideration

Whether the criminal revision preferred under section 438 read with Section 442 BNS 2023 / Section 397/401 Cr.P.C. against the dismissal (order dated 03/04/2026) of the revisionist's Section 173(4) BNSS application ought to be admitted and examined, notwithstanding the court below's finding that an FIR already stood lodged against the revisionist's son, suggesting the application was moved with ulterior motive.

Court's answer

The criminal revision was admitted.

Ratio / Principle

Notice was ordered to be issued to the respondent no.2, returnable at an early date, through the CJM concerned.

Key takeaways

Steps were directed to be taken within a week.ratio¶¶20
The matter was to be listed on 26.05.2026 as fresh.ratio¶¶21

Detailed headnote1 paragraphs

Criminal Revision No. 483 of 2026, High Court of Judicature at Allahabad (Lucknow Bench), Ram Manohar Narayan Mishra, J., decided April 27, 2026 — Suresh v. State of U.P. and another. Revision under section 438 read with Section 442 BNS 2023 / Section 397/401 of the Cr.P.C. against order dated 03/04/2026 of the Additional Sessions Judge / Special Judge (POCSO Act), Court No.44, Barabanki, dismissing the revisionist's application in Miscellaneous Case No.0173 of 2026 under Section 173(4) of the BNSS (Police Station Asandra, District Barabanki; Suresh versus Komal). The court below had dismissed the application because an FIR (Case Crime No.0063 of 2026) already stood lodged at the instance of the father of opposite party no.2 against the revisionist's son Lavless, and the application appeared to be moved with ulterior motive; the revisionist pleaded that the daughter of opposite party no.2 had enticed his son under Section 137(2), 87 BNS and insisted he marry her on pain of death and false prosecution of his family. Held: revision admitted; notice to respondent no.2 through the CJM concerned, returnable at an early date; steps within a week; listed fresh for 26.05.2026. Interlocutory stage only — no merits adjudication.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL REVISION No. - 483 of 2026

Suresh

.....Revisionist(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)

Counsel for Revisionist(s)	: Krishna Gopal
Counsel for Opposite Party(s)	: G.A.

Court No. - 27

HON'BLE RAM MANOHAR NARAYAN MISHRA, J.

Heard learned counsel for the revisionist, learned AGA for the State respondent no.1 and perused the record.

Instant criminal revision, under section 438 read with Section 442 BNS 2023 / Section 397/401 of the Cr.P.C., has been preferred against the order dated 03/04/2026, passed by the learned Court of the Additional Sessions Judge / Special Judge, POCSO Act, Court No.44, Barabanki in Miscellaneous Case No.0173 of 2026, under Section 173(4) of the BNSS, Police Station Asandra, District Barabanki in the case of Suresh versus Komal, whereby the application filed by the revisionist has been dismissed.

It appears that an earlier FIR was lodged against the son of the revisionist, namely Lavless, by the father of the opposite party no.2 in Case Crime No.0063 of 2026, at the police station concerned, with the allegation that the victim in the present case, who is the son of the revisionist, had kidnapped the opposite party no.2, the daughter of the first informant in said case. The age of the victim in the present case, namely Lavless, is shown as 15 years on the date of his birth, recorded in a school record as 03/06/2010. The learned court below had dismissed the application on the ground that in the matter of the present case, an FIR has already been lodged at the instance of the father of the opposite party no.2 against the alleged victim, Lavless Kumar. Thus, the present

CRLR No. 483 of 2026

2

application appears to be moved with ulterior motive.

It is alleged that in the present case, the daughter of the opposite party no.2 had enticed the accused in Case Crime No. 0063 of 2026, under Section 137(2), 87 BNS and was insisting upon him to marry her otherwise, he will be killed and his family would be lodged in jail in some false case.

Learned AGA submitted that as in this case, an FIR has already been lodged in regard to the kidnapping of the opposite party no.2, the version of the revisionist may be looked into during the investigation.

Admit.

Issue notice to the respondent no.2, returnable at an early date, through CJM concerned.

Steps be taken within a week.

List on 26.05.2026 as fresh.

(Ram Manohar Narayan Mishra,J.)

April 27, 2026 KR

Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench