RAJENDRA PRASAD GAUR v. STATE OF U.P. AND 5 OTHERS
A227/15769/2024 · 2025-05-07
Nand Prabha Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 111539 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 111539 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:74949 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 15769 of 2024 Petitioner :- Rajendra Prasad Gaur Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Om Prakash Mishra Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. By means of the present writ petition under Article 227 of the Constitution of India, the petitioner has prayed to set aside the
Judgment dated 15.11.2024 passed by Additional Sessions Judge/Special Judge, POCSO, Court No. 2, Prayagraj in Criminal Revision No. 502 of 2023, Rajendra Prasad Gaur Vs. State of U.P. and others as well as order dated 09.08.2023 passed by Chief Judicial Magistrate, Allahabad in Misc. Application No. 1022 of 2023, Rajendra Prasad Gaur Vs. Mahesh Kumar Jaiswal and others, under Section 156(3) Cr.P.C., Police Station-Phoolpur, District-Prayagraj. The instant matter arises out of an application moved by the petitioner under Section 156(3) Cr.P.C. for registration of an FIR against the respondent Nos. 2 to 6. The learned Chief Judicial Magistrate, Allahabad without going through the record and without considering the material facts, has rejected the application under Section 156(3) Cr.P.C. vide order dated 09.08.2023. Aggrieved by the said order, the petitioner filed a Criminal Revision No. 502 of 2023 before the learned Additional Sessions Judge/Special Judge POCSO, Court No. 2, Prayagraj which was rejected vide order dated 15.11.2024. Considering the aforesaid facts and circumstances of the case, as the allegations discloses commission of a cognizable offence,
learned counsel for the petitioner wants to avail an alternative remedy by lodging a complaint under Section 190 Cr.P.C. In case, the petitioner moves a fresh application with complete details to lodge the complaint under Section 190 Cr.P.C. within a
period of one month from the date of the order, the same may be considered and decided strictly in accordance with law after giving opportunity of hearing to both the parties, if there is no other legal impediment. With the aforesaid direction, the petition is disposed of.
Order Date :- 8.5.2025 Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad