Neutral Citation No. - 2025:AHC-LKO:28633 Court No. - 12 Case :- APPLICATION U/S 482 No. - 3824 of 2025 Applicant :- Suman Sengupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Applicant :- Vijay Shankar Padey,Shesh Nath Tiwari Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard Shri Vijay Shankar Pandey, learned counsel for the petitioner as well as learned AGA on behalf of the State. 2. By means of present petition the petitioner has challenged the validity of the order dated 05.02.2025 passed by the Additional Chief Judicial Magistrate (A.P.), Lucknow, in Crl. Misc. No. 44120/2023, Suman Sangupta vs. Puja Singh and others wherein an application preferred by the petitioner a direction has been passed for registration of the case as a complaint and issued notices to the accused under Section 223 of BNSS. 3. It has been submitted by learned counsel for the petitioner that as per the complaint preferred by him it has been alleged that the proposal of opposite party no.2 to be married to the petitioner and it is during the 2nd phase of Covid 19 where the public functions were not permitted, the marriage of opposite party no.2 was solemnized in Shiv Mandir according to the Hindu Rite and Ritual. 4. It has been stated that during marriage jewellery and other gifts were given by the petitioner to opposite party no.2 and they also lived as husband and wife in a hotel but immediately thereafter she shifted and started living at the house of her Phoopha. Subsequently after her marriage she was demanding money and other gifts from the petitioner for a huge amount the petitioner has complied. She further demanding house and plot from the petitioner and on that stage when the petitioner asked to live along with him she declined and stated that if the petitioner does not comply the wishes she will file criminal cases against him for rape and other criminal offences. 5. It has been submitted that at this stage when the petitioner came to know that he has been deceived by opposite party no.2. The opposite party no.2 has got marriage only for depriving him from the wealth and property and accordingly the petitioner has filed an application under Section 156(3) Cr.P.C. On the application the Additional Chief Judicial Magistrate, Lucknow by order dated 4.4.2023 registered the same as a compliant. It is against the order dated 4.4.2023 the opposite party no.2 has preferred a revision before the Additional District and Sessions Judge, Court No.15, Lucknow in Revision No. 258 of 2023, which was allowed by means of order dated 4.3.2024 an the order of the trial court dated 4.4.2023 was set aside only on the ground that the matter requires investigation by the police and the same could not be registered as a complaint and accordingly remanded the matter back to the Additional Chief Judicial Magistrate for passing fresh order. 6. It has been submitted that in a remand proceedings a fresh order has been passed by the Additional Chief Judicial Magistrate on 5.2.2025, which has been assailed in the present petition. It is noticed that Additional Chief Judicial Magistrate has again directed the application under Section 156(3) Cr.P.C. to be registered as a complaint. 7. It has been submitted that the trial court has clearly misdirected itself and passed the impugned order contrary to the order of the revisional court dated 4.4.2023. It has been submitted that the order dated 4.4.2023 passed by the Additional Chief Judicial Magistrate became final in as much as the petitioner has never assailed the validity of the said order and accordingly the trial court is duty bound to pass the fresh order having due regard to the order dated 4.4.2023. 8. It has been submitted that the trial court has passed an order contrary to the revisional order is itself demonstrate that the same is illegal and has been passed without application of mind and consequently to be set aside. 9. Learned AGA on the other hand has opposed the petition but does not dispute the aforesaid facts. 10. I have heard the rival contentions and also perused the record, the facts of the case and as much as the complaint of the petitioner to be registered as a complaint the application under Section 156(3) Cr.P.C. was directed to be registered as a complaint, which order was assailed before the revisional court the only ground raised by the opposite party no.2 that the facts in the present case are not totally within the knowledge of the parties and the facts in issue pertains in electronic evidence which can be brought on record only through a proper investigation. The revisional court aggrieved with the grounds raised by the opposite party no.2 and in the aforesaid facts set aside the order of the trial court dated 4.4.2023 and remitted the matter for consideration of the facts. The trial court it seems did not notice the revisional order dated 4.3.2024 and again passed an order for registration of the complaint on the application of the petitioner to be registered as a complaint. Clearly the impugned order dated 5.2.2025 is illegal and arbitrary having been passed contrary to direction issued by the order dated 4.3.2024. The trial court was duty bound to comply the directions of the superior court especially when the same order was not assailed before the higher forum and attained finality. 11. In the light of the above the impugned order dated 05.02.2025 is set aside and the matter is remitted to Additional Chief Judicial Magistrate, Lucknow to pass a fresh order keeping in view the revisional order dated 4.3.2024. Let necessary order be passed. 12. The petition stands allowed. . (Alok Mathur, J.) Order Date :- 15.5.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench