REVISION No. - 1361 of 2026 Hira Singh Pal State of U.P & Anr. v. Revisionist(s)
Case at a glance
Outcome
Dismissed
In view thereof, the criminal revision is dismissed as not maintainable
Provisions considered
- Bharatiya Nagarik Suraksha Sanhita, 2023 ss. 173(4), 458
- Code of Criminal Procedure, 1973 s. 397
Key paragraphs
- Para 44. The issue of maintainability of a criminal revision against an order directing registration of a First Information Report is no longer res integra. The Full Bench of this Court in Father Thomas versus State of U.P. and another, 2011 (1) ADJ 333 (FB) has…
- Para 55. In view thereof, the criminal revision is dismissed as not maintainable. February 24, 2026 K.K. Maurya (Abdul Shahid,J.)
Judgment
: Dhirendra Srivastava, Raag Kumar Counsel for Opposite Party(s) : G.A. Srivastava Court No. - 87 HON'BLE ABDUL SHAHID, J.
#1. Heard learned counsel for the revisionist
#2. Learned counsel for the revisionist has submitted that an application filed by the opposite party no. 2/Malti Devi/complainant under section 173(4) B.N.S.S. has been accepted. The concerned police station has been directed to register the F.I.R. Hence, the present criminal has been filed by the revisionist.
#3. Learned A.G.A. for the State has submitted that the revisionist is a prospective accused, hence, he is having no locus standi to file the present criminal revision and the criminal revision is not maintainable.
#4. The issue of maintainability of a criminal revision against an order directing registration of a First Information Report is no longer res integra. The Full Bench of this Court in Father Thomas versus State of U.P. and another, 2011 (1) ADJ 333 (FB) has categorically held that such an order does not amount to a "final order" within the meaning of Section 397 Cr.P.C. (corresponding to Section 458 B.N.S.S.), and therefore, a criminal revision is not maintainable.
#5. In view thereof, the criminal revision is dismissed as not maintainable. February 24, 2026 K.K. Maurya (Abdul Shahid,J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In view thereof, the criminal revision is dismissed as not maintainable
Which statutory provisions did this judgment involve?
Bharatiya Nagarik Suraksha Sanhita, 2023 — ss. 173(4), 458; Code of Criminal Procedure, 1973 — s. 397.
Precedent status how later indexed judgments have treated this case
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