KAISAR JAHA Vs. S.P., DISTT. SULTANPUR

JUDGEMENT

(1.) Heard Sri Abhyudaya Mishra, learned counsel for the petitioner and Sri Alok Kumar Tiwari, the learned AGA for the State.

(2.) By means of the instant writ petition filed under 528 of the Bharatiya Nagrik Suraksha Sanhita (hereinafter referred to as BNSS), the petitioner has challenged the validity of an order dtd. 28/8/2024 passed by learned Special Judge, P.O.C.S.O. Act/Additional Sessions Judge in Criminal Misc. Case No.360 of 2024 whereby an application under Sec. 175(3) of BNSS [comparable to Sec. 156 (3) of Cr.P.C.] has been rejected by the trial Court.

(3.) Sri Alok Kumar Tiwari, the learned A.G.A. has raised a preliminary objection that the petitioner has got a statutory remedy of filing a revision against the aforesaid order and, therefore, the inherent powers of this Court cannot be invoked by the applicant. He has relied upon a decision of the Hon'ble Supreme Court in the case of Vipin Sahni and Anr. v. Central Bureau of Investigation; 2024 SCC OnLine SC 511 wherein the Hon'ble Supreme Court has held that the where a specific remedy of filing a revision was available, a petition under Sec. 482 Cr.P.C. could not be filed.