GULSHAN KUMAR vs State of U.P. — 546/2025

Case under Bharatiya Nagarik Suraksha Sanhita Section 440. Disposed: Contested--DECIDED on 07th April 2026.

Case disposed

Criminal Revision

CNR: UPSP010146482025

Filing Number

13546/2025

Filing Date

12-Nov-2025

Registration No

546/2025

Registration Date

12-Nov-2025

Court

District and Session Judge

Judge

4-Additional District Judge, C.R. No.4

Decision Date

07-Apr-2026

Nature of Disposal

Contested--DECIDED

Last updated 28-May-2026

Acts & Sections

Bharatiya Nagarik Suraksha Sanhita Section 440

Petitioner(s)

  1. 1.GULSHAN KUMAR

    Adv. NOT APPLICABLE

Respondent(s)

  1. 1.State of U.P.

Case History

  1. Case disposedDisposed

  2. 07-Apr-2026

    Copy of JudgmentView PDF

    Summary: The court allowed Gulshan Kumar's criminal revision against a magistrate's dismissal of his protest petition challenging a police final report. The magistrate had dismissed the petition merely on the ground of Kumar's absence without examining the merits, allegations in the FIR, witness statements, or evidence collected—constituting non-application of judicial mind. The court held that protest petitions cannot be dismissed in default and magistrates must apply judicial scrutiny to final reports by considering the case diary and evidence. The court set aside the dismissal order and directed the magistrate to reconsider the final report and protest petition on merits with reasoned findings. This case analysis is maintained by casestatus.in based on publicly available court records.

  3. 07-Apr-2026

    Disposed

    Additional District Judge, C.R. No.4

  4. 27-Mar-2026

    hearing

    Additional District Judge, C.R. No.4

  5. 12-Mar-2026

    hearing

    Additional District Judge, C.R. No.4

  6. 18-Feb-2026

    hearing

    Additional District Judge, C.R. No.4

  7. 05-Feb-2026

    hearing

    Additional District Judge, C.R. No.4

  8. 09-Jan-2026

    hearing

    Additional District Judge, C.R. No.4

  9. 12-Nov-2025

    First hearing

    Initial hearing scheduled

  10. 12-Nov-2025

    Case filed

    Registration No. 546/2025

casestatus.in Summary

Summary: The court allowed Gulshan Kumar's criminal revision against a magistrate's dismissal of his protest petition challenging a police final report. The magistrate had dismissed the petition merely on the ground of Kumar's absence without examining the merits, allegations in the FIR, witness statements, or evidence collected—constituting non-application of judicial mind. The court held that protest petitions cannot be dismissed in default and magistrates must apply judicial scrutiny to final reports by considering the case diary and evidence. The court set aside the dismissal order and directed the magistrate to reconsider the final report and protest petition on merits with reasoned findings. This case analysis is maintained by casestatus.in based on publicly available court records.

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