Neutral Citation No. - 2025:AHC:108339 HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 18) Court No. - 78 Case :- APPLICATION U/S 482 No. - 42673 of 2024 Applicant :- Nazia Parveen Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Avnish Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Avnish Kumar Srivastava, learned counsel for the applicant and Sri Kailash Prakash Pathak, learned A.G.A. for the State. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the order dated 21.9.2024 passed by Additional Sessions Judge, Court no. 1, Meerut in Criminal Revision No. 250 of 2023 arising out of order dated 05.4.2023 passed by learned Judicial Magistrate/ Additional Civil Judge (Junior Division), Court No. 5, Meerut in application under Section 156(3) Cr.P.C. 3. Briefly stated case of the applicant is that she was a tenant in the house of the opposite party no. 4 since 9.7.2021. On 22.2.2023 her husband had gone to Lucknow for some work and the applicant had also gone to her native place at Village-Abdullahpur, Meerut. When her husband came back on 25.2.2023 she came back to her rented accommodation at House No. 50, Ganga City Colony, Police Station-Bhawanpur, District-Meerut at about 4:45 pm where she saw that lock of her house was broken and the opposite parties were present inside the house. When the applicant questioned what they were doing in her house, they abused her and thrown her out from the house in question. Thereupon she made a complaint with the police but no action was taken. Then on 17.3.2023 the applicant moved an application under Section 156(3) Cr.P.C.,. Looking at the facts and circumstances of the case, vide order dated 5.4.2023 the learned Magistrate had directed the application to be treated as a complaint case under Section 200 Cr.P.C. Against the said order dated 5.4.2023, a criminal revision was filed by the applicant which was also dismissed vide order dated 21.9.2024 holding therein that since as per the allegation there is nothing wherein a police investigation is required and the complainant can very well lead the evidence with regard to the offence alleged in the complaint. Being aggrieved by both the aforesaid order, instant application under Section 482 Cr.P.C. has been filed by the applicant. 4. Learned counsel for the applicant relying upon a police report submitted on her IGRS complaint submits that it is the admitted case of opposite party no. 4 that she was the owner of the house which was let out by her to the applicant on an agreement for eleven months. The time period for the agreement was over and the applicant was not vacating the house. Since the opposite party no. 4 was having the key of the house she entered the house. The rooms inside the house were locked wherein the goods of the tenant were lying. 5. Learned counsel for the applicant heavily relying upon the aforesaid statement submits that entry in the house is admitted by the opposite party no. 4 , therefore, prima facie a cognizable offence is made out. In view thereof, instead of treating the application under Section 156(3) Cr.P.C. as a complaint case, the trial court ought to have directed for registration of FIR against the opposite parties and by directing the same to be treated as a complaint case, the trial court as well as the revisional court has committed an error. Therefore, he seeks quashing of both the aforesaid orders. 6. Per contra, learned AGA submits that looking at the nature of complaint and the dispute between the parties and the allegations made in the complaint, which are required to be proved prima facie by the complainant by leading evidence and there is nothing in the complaint which required a police investigation. In view thereof, there is no illegality in the order dated 5.4.2023 as well as the order dated 21.9.2023. Thus, learned AGA seeks dismissal of the instant application. 7. Having heard the rival submissions made by learned counsel for the parties, this Court has carefully gone through the record of the case. 8. Admittedly, there is a dispute with regard to tenancy between the applicant and the opposite parties and the instant application under Section 156(3) Cr.P.C. has been filed by the applicant. From the allegations as made in the complaint, there is nothing which requires a police investigation. All the facts narrated in the complaint are in the personal knowledge of the applicant for which she can lead the evidence before the court. In view thereof, in the considered opinion of this Court there is no illegality in the impugned order dated 5.4.2023 whereby the application under Section 156(3) Cr.P.C. was directed to be treated as a complaint case under Section 200 Cr.P.C. nor there is any illegality in the order dated 21.9.2023 passed by the revisional court. Thus, this Court does not find any good reason to interfere with the impugned orders. 9. Accordingly, the application stands dismissed. Order Date :- 8.7.2025 Kirti (Anish Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad