BNSS No. 25885 of 2025 · Allahabad High Court

Supplementary affidavit filed today by learned counsel for the applicants is taken on record. Sri Virendra Singh Tomar, learned counsel for the applicants, Shri Pushpraj Singh, learned brief holder for the State and perused the material on record. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed to quash the order dated 17.6.2025 passed by Sessions Judge, Muzaffarnagar in Criminal Revision No. 526 of 2024, whereby the revisional court affirmed the order dated 28.6.2024 passed by Civil Judge (Junior Division)/Judicial Magistrate, Budhana, Muzaffarnagar passed in complaint case No. 721/9 of 2019, whereby learned Magistrate took cognizance under Sections 323, 452, 504, 506, I.P.C. and directed to decide the case as afresh, however, revisonal court allowed the revision in place of dismissal of criminal revision. Learned counsel for the applicants submits that vide order dated 17.6.2025 criminal revision has been allowed after affirming the order dated 28.6.2024 and matter has been sent to the learned magistrate with a direction to dispose the matter as afresh in the light of observations. After some arguments, learned counsel for the applicants does not want to application and wants liberty appropriate application/proceedings against the order under Article 227 of constitution of India before the court of competent jurisdiction. The instant application is dismissed as not pressed with liberty to file 2 NA528 No. 25885 of 2025 appropriate application/proceedings against the order under Article 227 of constitution of India before the court of competent jurisdiction. Office shall return the certified copy of the orders to the learned counsel for the applicants, after retaining a xerox of the same. September 18, 2025 T. Sinha (Sanjay Kumar Pachori,J.)