Neutral Citation No. - 2025:AHC-LKO:22333 Court No. - 12 Case :- APPLICATION U/S 482 No. - 3352 of 2025 Applicant :- Javed Ahmad Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 4 Others Counsel for Applicant :- Sandeep Kumar Ojha,Dilip Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard Sri Sunil Kumar Mishra, holding brief of Sri Sandeep Kumar Ojha, learned counsel for the applicant as well as learned AGA on behalf of the State-respondent. 2. The grievance raised by the petitioner is with regard to the order dated 18.10.2024 passed by the Chief Judicial Magistrate, Pratapgarh In Misc. Case No.1515 of 2024, thereby on the application preferred by the petitioner under Section 175(3) of the BNSS, 2023 restating the same to be a complaint. 3. It has been submitted by counsel for the petitioner that an application was preferred under Section 175 (3) of the BNSS stating that the accused/private opposite parties therein were trying to capture his land situated at Gata No.144/2 Dahilamau, Pratapgarh. He has stated that on 05.09.2024 at around 06:00 am when he was going to his residence then near the Lalsaheb petrol pump he was overtaken by another motorcycle which was being driven by Rinku Singh, Antu, Abhishek Singh, Antu Maksud etc. to stop him and assaulted him and pressed his neck and he received injuries in this regard. A complaint was made to the police but FIR was not registered and informing the same to the Superintendent of Police by registered post, he had filed the complaint under Section 175 (3) of the BNSS. The Chief Judicial Magistrate on considering the complaint made by the petitioner had directed the registration of a complaint case holding that all the facts are within the knowledge of the complainant itself while assailing the said order a pointed query was made as to whether there is any fact which may be brought forth during investigation considering that even the injury report has been filed by the petitioner and all the accused have been duly named in the complaint. 4. Counsel for the petitioner fairly submitted that all the facts have in fact been disclosed by the complainant and accordingly considering the aforesaid facts and impugned order as well as perusal of the complaint, it is clear that injury report is on record which prima facie supports the case of the prosecution, apart from which all the accused have been duly named and therefore, in the aforesaid circumstance, I do not find any ground to interfere in the discretion exercise by the Magistrate and duly also considered all the facts and giving reasons for the same. 5. Accordingly, the petition being bereft of merit and is dismissed. [Alok Mathur,J.] Order Date :- 21.4.2025 KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench