Neutral Citation No. - 2025:AHC:16341 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 15072 of 2024 Petitioner :- Ashok Verma Ex-Secretary, Pnu Club And 2 Others Respondent :- State of U.P. and Another Counsel for Petitioner :- Manish Singh,Sushma Singh Counsel for Respondent :- G.A.,Siddarth Jaiswal Hon'ble Saurabh Srivastava,J. 1. Heard Sri Manish Singh, learned counsel for petitioners and Sri Siddharth Jaiswal, learned counsel for respondent no. 2 as well as learned AGA for the State. 2. The instant petition has been preferred for challenging the order dated 13.09.2024 passed by learned Additional Sessions Judge, Court No. 9, Varanasi in Criminal Revision No. 338 of 2023 (Mangal Soni vs. State of U.P. and Others). 3. It is the case of petitioner that initially an FIR was lodged by respondent no. 2 against the petitioners wherein after conducting investigation, final report was submitted in favour of the petitioners and the same has been challenged by way of filing protest petition at the behest of respondent no. 2 before the learned Chief Judicial Magistrate, Varanasi. Thereafter, the learned concerned court vide its order dated 21.08.2023, accepted the final report and rejected the protest petition filed by the respondent no. 2. Being aggrieved with the order dated 21.08.2023, the respondent no. 2 preferred Criminal Revision No. 338 of 2023 which was allowed by learned Court of Additional Sessions Judge, Court No. 9, Varanasi vide order dated 13.09.2024, which impugned the present petition. 4. It is submitted by learned counsel for the petitioners 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 no. 2, which is totally illegal and arbitrary. 5. Per contra, Sri Siddharth Jaiswal, learned counsel for respondent no. 2 as well as learned AGA vehemently opposed the prayer made through the instant petition and rebutted the stand taken up by learned counsel for petitioners. 6. After having the rival contentions raised by learned counsel for parties, the order impugned dated 13.09.2024 passed by the learned revisional court i.e., learned Additional Sessions Judge, Court No. 9, Varanasi is hereby modified to the extent that the matter which has been directed to be remanded back to the learned concerned court that reconsideration of the concerned court shall not be dependent upon the conclusion drawn by learned revisional court specifically in shape of indicating learned concerned court to register the case as complaint case. 7. The writ petition stands partly allowed. 8. However, it is made clear that fresh arrival over the protest petition preferred at the behest of the respondent no. 2 shall be expedited as expeditiously as possible, preferably within a period of two months from the date of production of a certified copy of this order. Order Date :- 5.2.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad