Neutral Citation No. - 2025:AHC-LKO:2805 Court No. - 14 Case :- CRIMINAL MISC. WRIT PETITION No. - 3433 of 2022 Petitioner :- Sheo Murti Tripathi Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Alok Kumar Tripathi,Shobh Nath Pandey Counsel for Respondent :- G.A. Hon'ble Mohd. Faiz Alam Khan,J. 1. Heard learned counsel for the parties and perused the record. 2. The instant petition has been filed with the following prayers:- (i) Issue a writ, order or direction in the nature of certiorari quashing the order dated 15.03.2022 passed by Additional District & Sessions Judge, Court No. 5, Pratapgarh and order dated 15.10.2014 passed by Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No. 20, Pratapgarh, contained in annexure no. 1 & 2 respectively to the writ petition. (ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the opposite parties no. 2 & 3 to re- enquire into the matter ensuring fair and proper investigation in first information report no.481/2010 dated 06.12.2010 registered at Police Station Lalganj, District Pratapgarh. (iii) Issue a writ, order or direction in any nature................. (iv) Award the costs..............................................................." 3. The grievance of the petitioner, as is evident from submissions advanced by learned counsel for the petitioner, is in terms that he lodged an FIR and thereafter a closure/final report was filed by the investigating officer. Aggrieved by the same, the petitioner/informant has filed objection, however, the objection was rejected and the final/closure report submitted by the investigating officer was accepted. 4. Various submissions have been advanced by learned counsel for the petitioner/informant in order to show that the investigation of the FIR lodged by him has not been made in right perspective and the Magistrate concerned has also not considered this aspect of the matter and has mechanically accepted the closure/final report filed by the investigating officer. 5. Learned AGA states that it is for this Court to take a decision, however, there is no illegality so far as the investigation part is concerned. 6. Having considered the submission made by learned counsel for the petitioner/informant, it is reflected that the petitioner/informant is aggrieved by the acceptance of the closure/final report filed by the investigating officer. It is also evident that no protest petition was filed in the shape of complaint as defined under Section 2(1)(h) BNSS (2(d) CrPC) and simply an objection was filed by the petitioner/informant vis-a-vis the submission of closure/final report by the investigating officer. 7. In the considered opinion of this Court, even if a closure/final report submitted by the investigating officer is accepted, right of complainant to move a complaint is not extinguished. Thus, finding no illegality in the order of the Magistrate dated 15.10.2014, the instant petition is finally disposed of in terms that the petitioner, if so wishes, may file a complaint in the matter and, if such a complaint is filed within 30 days from today, the trial court shall be under an obligation to dispose of the same, strictly in accordance with law prescribed under Chapter- XVI of the BNSS, without being guided by any observation of this Court or of any other court. Order Date :- 16.1.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench