Neutral Citation No. - 2025:AHC:6944 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 14970 of 2024 Petitioner :- Nause Ali And 4 Others Respondent :- State Of Up And Another Counsel for Petitioner :- Anwar Hussain,Neeraj Srivastava,Sunil Kumar Chaudhari Counsel for Respondent :- G.A.,Kamlesh Kumar Singh,Ramesh Kumar Mishra Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. The instant petition has been preferred with following reliefs :- "(i) to call for the records of the case from the court below and set aside the impugned judgment and order dated 27.08.2024 passed by the Sessions Judge, Moradabad in Criminal Revision No.370 of 2022 (Ramautar Singh Vs. Nause Ali and 5 Others) and affirmed the order dated 07.11.2022 passed by the Additional Chief Judicial Magistrate, Court No.1, Moradabad in Case No.165 of 2022 (Ramautar Vs. Nause and Others) arising out of Case Crime No.300 of 2022, under sections 376D, 504, 506 I.P.C., P.S. Bhojpur, District- Moradabad." 3. At the very outset, learned counsel for the petitioner submitted that initially an F.I.R. has been lodged by respondent no.2 against the petitioners being Case Crime No.300 of 2022, under sections 376DA, 504, 506 I.P.C. and 5g/6 of POCSO Act, wherein after conduction of detailed inquiry, concerned Investigating Officer recorded a finding that respondent no.2 in collusion with one Raees lodged a false case against the petitioners on account of previous enmity and thereafter submitted final report dated 28.09.2022, whereupon learned Magistrate concerned accepted the final report and summoned the respondent no.2 under section 182 I.P.C. read with section 195 Cr.P.C. vide order dated 07.11.2022. Being aggrieved with the order dated 07.11.2022, respondent no.2 preferred Criminal Revision No.370 of 2022 (Ramautar Singh Vs. Nause Ali and 5 Others) and the same has been accepted by learned revisional court and through which order dated 07.11.2022 has been set-aside and the matter has been remitted back to learned court of Additional Chief Judicial Magistrate, Court No.1, Moradabad with certain observations, which are against the principle of natural justice. 4. Per contra, learned A.G.A. as well as learned counsel for respondent no.2 vehemently opposed the prayer as made in the petition and rebutted the stand taken up by learned counsel for the petitioners by way of accepting the reasonings given by learned revisional court while passing order dated 27.08.2024. 5. Considering the arguments raised by learned counsel for the parties and by bare perusal of record, order dated 27.08.2024 is hereby modified to the extent that the learned Additional Chief Judicial Magistrate, Court No.1, Moradabad/court concerned is hereby directed to comply with the order and direction dated 27.08.2024 without influenced with the discussion or the observation made by learned revisional court. 6. In view of the above, this petition stands disposed of. Order Date :- 16.1.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad