Neutral Citation No. - 2025:AHC-LKO:24603 Court No. - 12 Case :- APPLICATION U/S 528 BNSS No. - 362 of 2025 Applicant :- Anamika Mishra Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And 2 Others Counsel for Applicant :- Arun Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard Shri Arun Kumar Tripathi, learned counsel for the applicant as well as learned AGA for the State and perused the record. 2. By means of present petition the petitioner has challenged the order dated 15.4.2025 passed by the Additional Chief Judicial Magistrate, Court No.17, District Barabanki (State Vs. Anamika and others) in complaint Case No. 28/2025 and thereby registering the complaint preferred by the opposite party no.2 and he has proceeded for recording the statement under Section 223 of B.N.S.S. 3. Learned counsel for the petitioner has further submitted that it is at the behest of petitioner an FIR has been lodged against the opposite party no.2 in case Crime No. 106/ 2024, under Sections 376, 313, 323, 504, 506 IPC, Police Station Gudamba, District Lucknow. He submits that as a measure of counter blast the opposite party no.2 has preferred the said complaint. 4. Learned AGA on the other hand has raised a preliminary objection stating that there is no order averse to the petitioner, which has been passed by the trial court, which can be challenged in the proceedings under Section 528 of the B.N.S.S. On receipt of the complaint, the trial court has merely noted the contents of the same and proceeded under Section 223 of the B.N.S.S. 5. He further submits that it is only after recording the statements of the witnesses under Section 223 of B.N.S.S. and examining the material before the court, a decision may be taken with regard to the proceedings with the complaint or rejecting the same. 6. He submits that till the stage is reached summoning the accused no right vests in the accused to assail the said order. 7. He has further submitted that Section 223(2) of the B.N.S.S. further provides that the accused has right of hearing before any order is passed for registration of the First Information Report. 8. Accordingly, the present petition has been filed at the stage prior to summoning the accused and consequently the petitioner has no right to challenge the same. Thus, such an order can not be said to be abuse of process of law. 9. Learned counsel for the petitioner has only stated that he apprehends that the proceedings would be initiated against the accused and consequently the present petition has been filed. 10. After hearing the rival contentions, it is noticed that by means of the order dated 4.3.2025 only the complaint has been registered and the matter has been fixed for 4.4.2025 for recording the statement under Section 223 of B.N.S.S. At this stage the petitioner is not adversely affected and now any of his right is vitiated as stated in the petition under Section 528 of B.N.S.S. 11. Apart from the above, it is noticed that before taking cognizance of the said complaint preferred by opposite party no.2, the petitioner would have adequate opportunity of hearing as per the provision of Section 223 (2) of B.N.S.S. and consequently the present petition, in the aforesaid circumstances, is not maintainable. 12. For the aforesaid reasons, the petition is devoid of merits and is accordingly dismissed. (Alok Mathur,J.) Order Date :- 29.4.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench