Neutral Citation No. - 2025:AHC:35075 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 14115 of 2024 Petitioner :- Surendra Kumar Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Anil Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. The instant petition has been preferred for challenging the order dated 12.09.2024 passed by learned Special Judge (POCSO Act)/Additional Session Judge, Room No. 13, Saharanpur in Criminal Revision No. 144 of 2023 (Ram Singh & another versus State of U.P. & another) in Complaint Case No. 3377 of 2022 (Surendra Kumar vs. Ram Singh and another) under Sections 452, 323, 504, 506 I.P.C., Police Station Rampur Maniharan, District Saharanpur. 3. It is the case of petitioner that initially the petitioner instituted an application under section 156(3) Cr.P.C. against respondent nos. 2 and 3 which was treated as complaint case by learned Judicial Magistrate-Ist, Saharanpur and recorded the statements under sections 200 and 202 Cr.P.C. Thereafter learned concerned court proceeded with the case and vide its order dated 15.02.2023 passed summoning order against respondent nos. 2 and 3 under sections 452, 323, 504, 506 I.P.C. Being aggrieved with the order dated 15.02.2023, the respondent nos. 2 and 3 preferred Criminal Revision No. 144 of 2023 which was allowed by learned Court of District and Session Judge, Saharanpur vide order dated 12.09.2024, which impugned the present petition. 4. It is submitted by learned counsel for the petitioner that the concerned court without considering the facts and circumstances of the case, in a routine manner, allowed the Criminal Revision preferred at the behest of the respondent nos. 2 and 3, which is totally illegal and arbitrary. 5. Per contra, learned AGA vehemently opposed the prayer made through the instant petition and rebutted the stand taken up by learned counsel for petitioner. 6. After having the rival contentions raised by learned counsel for parties and without interfering on the merit of the matter, the order impugned dated 12.09.2024 passed by the learned revisional court i.e., learned Special Judge (POCSO Act)/Additional Session Judge, Room No. 13, Saharanpur is hereby modified to the extent that fresh arrival over the complaint preferred at the behest of the petitioner shall not be dependent upon the reasoning and finding given by learned revisional court, rather the same shall be dependent upon the judicial consciousness of the learned concerned court. At the same time, the same shall be expedited as soon as possible preferably within a period of three months from the date of presentation of a certified copy of this order. 7. The writ petition stands disposed of. Order Date :- 10.3.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad