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Neutral Citation No. - 2025:AHC:79090 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 1903 of 2025 Petitioner :- Ashok Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Hirdesh Kumar Yadav,Sushma Yadav Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard Smt. Sushma Yadav, learned counsel for the petitioner, learned AGA for the State and perused the record. The present petition under Article 227 of the Constitution of India has been filed with the following prayers:
"(i) Issue a writ, order or direction in the nature of certiorari to quash the order dated 09.10.2024 passed by the Sessions Judge, Jhansi in Criminal Revision No. 177 of 2024 (Ashok Kumar vs. State of U.P. and others) and order dated 02.04.2024 passed by the Upper Chief Judicial Magistrate, Court No. 1, Jhansi in Criminal Misc. Case No. 299 of 2024 (Ashok vs. Amar Singh and others). (ii) Issue a writ, order or direction in the nature of mandamus directing the court below to register as Police Case (F.I.R.) and made investigation of the case. (iii) Issue any other suitable writ, order or direction, which this Hon'ble Court may deem fit and proper in the present circumstances of the case. (iv) Award the cost of the writ petition in favour of the petitioner." It has been submitted by learned counsel for the petitioner that an application was moved by the petitioner under Section 156(3) Cr.P.C. which was directed to be treated as a complaint case. The revision filed against the said order, has also been rejected. Though there are allegations of commission of cognizable offence. Considering the submission made by the learned counsel for the petitioner and in the light of the judgement of the Hon'ble Apex Court in Lalita Kumari vs. Government of Uttar
Pradesh and Others, (2014) 1 SCC (Cri) 524, it is hereby
directed that in case the petitioner moves a fresh application under Section 175(3) BNSS before the appropriate Court within two weeks, the same shall be heard and decided expeditiously, in accordance with law within two months. With the aforesaid direction/observation, the instant petition is disposed of.
Order Date :- 14.5.2025 Puspendra Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad