Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37995 of 2025 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. The present application u/s 528 BNSS has been filed with a prayer to quash the order dated 08.05.2025 passed by the Judicial Magistrate, Court No. 2, Saidpur, Ghazipur in Misc. Criminal Case No. 96 of 2025 (Ram Aawash Gange Vs. Pradeep Kumar and others) under section 173(4) of B.N.S.S., P.S. Bhudkuda, District Ghazipur and further direct the Superintended of Police, Ghazipur to lodge the First Information Report against the opposite party no. 2 to 9.
Learned counsel for the applicant states that an application under section 173(4) of B.N.S.S. was moved which was rejected by the Judicial Magistrate, Court No. 2, Saidpur, Ghazipur order dated 08.05.2025. Considering the aforesaid facts and circumstances of the case, as the allegations discloses commission of a cognizable offence, learned counsel for the applicant wants to avail an alternative remedy by lodging a complaint under Section 210 B.N.S.S. In case, the applicant moves a fresh application with complete details to lodge the complaint under Section 210 B.N.S.S. within a period of one month from the date of the order, the same may be considered and decided strictly in accordance with law after giving opportunity of hearing to both the parties, if there is no other legal impediment. Versus Counsel for Applicant(s) : Abhishek Kumar Counsel for Opposite Party(s) : G.A. Ram Aawash Gange .....Applicant(s) State Of U.P. And 8 Others .....Opposite Party(s)
With the aforesaid direction, the present application u/s 528 BNSS is
disposed of. September 26, 2025 Nisha NA528 No. 37995 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- nisha kumari High Court of Judicature at Allahabad