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Neutral Citation No. - 2025:AHC:78495 Court No. - 87 Case :- APPLICATION U/S 528 BNSS No. - 37014 of 2024 Applicant :- Samsad Ali Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Rakesh Kumar Rathore,Sanjeev Kumar Counsel for Opposite Party :- Akhilesh Singh,G.A. Hon'ble Prashant Kumar,J.
1. Heard Sri Sanjeev Kumar, learned counsel for the applicant, Sri S.D. Pandey, learned A.G.A. for the State-O.P. no.1, Sri Akhilesh Singh, learned counsel for opposite party no.2 and perused the record.
2. The present application under Section 482 Cr.P.C. has been filed by the applicant praying for quashing of the order dated 26.09.2024 as well as entire proceedings of criminal case no.42 of 2024, under Section 175(3) BNSS, pending in the Court of Additional Sessions Judge/Special Judge (D.A.A.), Mainpuri.
3. Learned counsel for the applicant submits that the applicant had entered into an agreement with opposite party no.2 but the opposite parties have violated the terms of said agreement, hence, the applicant had filed an application under section 175 (3) BNSS for lodging of FIR against opposite party nos.2 to 4 and other unknown persons, which was treated as complaint case by the Court concerned vide order dated 26.09.2024. He further submits that the offence committed by the opposite parties requires thorough investigation, which is only possible by registration of FIR.
4. Per contra, learned A.G.A. submitted that there is no illegality, infirmity or impropriety in the order passed by the court below, hence, no interference is required in this matter.
5. After having heard learned counsel for the parties and perused the record, I find no illegality, infirmity or impropriety in the order passed by the court below, the impugned order is a well reasoned order and nothing has been averred, which calls for interference in the complaint case for investigation.
6. The instant application is, accordingly, dismissed. Order Date :- 13.5.2025 S.P. Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad