Neutral Citation No. - 2025:AHC:78095 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 1329 of 2025 Petitioner :- Mukesh Kumar @ Pradeep Kumar And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Pankaj Kumar Gupta Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioners, learned AGA for the State and perused the record. The present petition has been filed seeking direction to set aside the impugned cognizance order dated 28.8.2024, charge-sheet dated 4.3.2023 arising out of Case Crime No. 771 of 2022, Police Station Dibiyanpur, District Auraiya as well as further proceedings of Criminal Case No. 284 of 2024 (State vs. Mukesh and others) under Sections 353, 447 and 504 IPC, Police Station Dibiyanpur, District Auraiya pending in the court of Chief Judicial Magistrate/FTC, Auraiya. It has been submitted by learned counsel for the petitioners that the charge-sheet dated 04.03.2023 along with cognizance order dated 28.8.2024, arising out of Case Crime No. 771 of 2022 is cryptic and is not in accordance with the guidelines as laid down by Hon'ble Supreme Court in Dablu Kujur vs. State of Jharkhand, (2024) 6 Supreme Court Cases 758. The entire investigation has been carried with a malicious intent to harass the petitioners. It has been asserted that "before taking cognizance, a Magistrate has got the following options. When a police report concludes that an offence appears to have been committed by a particular person or persons, the Magistrate has three options, namely:(i) he may accept the report and take cognizance of the offence and issue process, (ii) he may direct further investigation under S. 156(3) and require the police to make a further report, or (iii) he may disagree with the report and discharge the accused or drop the proceedings." Considering the submissions made by learned counsel for the petitioners and in light of the judgement rendered by the Hon'ble Apex Court, the concerned court is directed to reconsider the cognizance order dated 28.8.2024 and pass appropriate order in accordance with law within a period of three weeks from the date of order, if there is no other legal impediment. Till the fresh order is passed, no coercive measures shall be taken against the petitioners. With the aforesaid direction, the writ petition is disposed of. Order Date :- 13.5.2025 Puspendra Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad