Neutral Citation No. - 2025:AHC:144792 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 16316 of 2024 Petitioner :- Surya Bhan Pandey Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Vinay Kumar Singh Counsel for Respondent :- G.A.,Pavan Kumar Singh 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 petition under Article 227 of the Constitution of India, the petitioner has prayed to set aside the order dated 02.05.2025 passed by Additional Civil Judge (Senior Division) Court No.3/Additional Chief Judicial Magistrate (Surya Bhan Pandey v. Ashutosh Tiwari and others) filed under Section 156(3) Cr.P.C., with Police Station -Badhalganj, District Gorakhpur as well as Revisional order dated 26.11.2024 passed by Additional Session Judge/Special Judge, P.C. Act, Court No. 3, Gorakhpur, in Criminal Revision No. 170 of 2024 (Surya Bhan Pandey v. State of U.P. and others). It has been submitted by learned counsel for the petitioner that an application under Section 156(3) Cr.P.C. was moved by the petitioner but Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Court No. 3, vide order dated 02.05.2024, has rejected the application of the petitioner. Against the said order, the petitioner preferred a Criminal Revision, which was also rejected vide order dated 26.11.2024. 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 210 BNSS. In case, the petitioner moves a fresh application with complete details to lodge the complaint under Section 210 BNSS 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 :- 22.8.2025 Aditya Tripathi Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad