Neutral Citation No. - 2025:AHC-LKO:18921 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2725 of 2025 Applicant :- Deepak @ Deepak Agrahari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Applicant :- Balak Ram Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard Shri Balak Ram Verma, learned counsel for applicant, learned A.G.A. for the State and perused the material available on record. 2. By means of the present application under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (482 Cr.P.C.) the applicant has challenged the validity of the order dated 04.01.2025 passed by learned Additional Sessions Judge-I Ambedkar Nagar thereby dismissing the revision preferred by the applicant upholding the validity of order dated 14.05.2024 passed by learned Additional Chief Judicial Magistrate, Ambedkar Nagar wherein on an application moved under Section 156 (3) of the Cr.P.C., learned Magistrate has registered it as a complaint case and directed the applicant/complainant to adduce the evidence under Section 200 Cr.P.C. 3. The brief facts of the case as mentioned by the applicant are that on the date of occurrence i.e., 31.12.2023 at 6:00 a.m. the applicant/complainant was attacked with lathi and danda by his neighbours and they assaulted and abused the complainant. When sister of the complainant had come to rescue him, they also beaten his sister and pulled her clothes to intention to disgrace her. The applicant/complainant had submitted an application for registration of an FIR before the police, it was not registered but medical examination of the complainant and his sister was conducted. Despite having been unsuccessful in his application before the Superintendent of Police, the applicant had preferred an application under Section 156 (3) Cr.P.C., which has been treated as complaint case by the learned Additional Chief Judicial Magistrate, Ambedkar Nagar by means of order dated 14.05.2024. 4. It was duly considered by learned Additional Chief Judicial Magistrate that with regard to the same incident, an FIR has been registered at the behest of the accused in Case Crime No. 7 of 2024, under Sections 323, 504 and 506 IPC and Section 3 (1) (Da) (Dha) of the SC/ST Act. The trial court has duly considered the fact that the entire facts of the case are within the knowledge of the complainant and he would be competent to lead the evidence and prosecute the accused in the same case and accordingly, has exercised its discretion as per provision of Section 200 of the BNS (190 Cr.P.C.) and treated his application as complaint. 5. The revisional court also duly considered the arguments raised by the applicant as well as considered the various judgments in this regard. The revisional court also did not find any infirmity in the order of trial court, which was in consonance with the judgement of the superior court. Before this Court also, the same arguments were reiterated. 6. It is noticed that as per the application of the applicant under Section 156 (3) Cr.P.C. this Court finds that the allegations pertaining to the assault of the complainant by his neighbours and even medical report is on record, this Court does not see any reason as to why any police investigation or report would be necessary to prosecute the said case when the entire facts and the evidence is within the competence and knowledge of the complainant. 7. In light of the above, this Court does not find any ground for interference either in the order of the trial court or revisional court. No other grounds were raised by the applicants. This application under Section 482 Cr.P.C. being devoid of merits is accordingly dismissed. . (Alok Mathur, J.) Order Date :- 4.4.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench