Neutral Citation No. - 2025:AHC-LKO:1280 Court No. - 16 Case :- APPLICATION U/S 482 No. - 11500 of 2024 Applicant :- Avadhesh Kumar Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Vinod Kumar Singh,Ajay Pratap Singh Counsel for Opposite Party :- G.A.,Dharmendra Kumar Singhs,Nagendra Bahadur Singh Hon'ble Karunesh Singh Pawar,J. 1.Heard learned counsel for the applicant, learned A.G.A. for the State-respondent. 2.In view of the proposed order being passed, notice to opposite party No.2 is dispensed with. 3.This petition has been filed against the judgment and order dated 15.11.2024 by which the revision was allowed and impugned order dated 22.03.2024 passed by the learned court of Chief Judicial Magistrate, Sultanpur by which the application under Section 156(3) Cr.P.C. was disposed of treating it a complaint case. The operative part of the impugned order dated 15.11.2024 is extracted below:- "From the above discussions it is clear that the scheme of Cr.P.C and the prevailing circumstances require that the option to direct the registration of the case and its investigation by the police should be exercised where some "investigation" is required, which is of the nature that is not possible for the private complainant and which can only be done by the police upon whom statute for conferring power essential for investigation. In the present matter, allegation leveled against Respondent No. 1 is that he has forged certain documents and used them as genuine and also used those documents for the purpose of cheating. In the present matter, question of police investigation and collection of evidence thereof is involved Learned Magistrate while passing the impugned order overlooked the facts and circumstances of the case. Merely because the facts are in the knowledge of the applicant, direction to lodge F.I.R. cannot be refused. The gravity / seriousness of the offence, the requirement of evidence for the purpose of launching a successful prosecution, and basically the interest of justice depending on the fact of each case need to be considered in passing the order under Section 156(3) Cr.P.C. The impugned order does not assign any valid reason nor reflects application of judicious mind and has been passed in a mechanical manner only on the ground that the fact of the case were within the knowledge of the applicant, thus the same is liable to be set aside. Order For the said reason as discussed above this revision petition is hereby allowed by setting aside the impugned order dated 22.03.2024. Learned Court below is directed to pass a fresh order in the light of observation made by this Court in this revision petition. Revisionist is directed to remain present in the concerned court on date-10.12.2024 as fixed." 4.In view of aforesaid facts and circumstances of the this, this Court does not find any illegality in the impugned order. The allegation against the applicant is that he has forged certificate documents and used them as genuine and also used those documents for the purpose of cheating. Thus, the matter requires police investigation and therefore, rightly the matter has been remanded to the learned court below after setting aside the impugned order dated 22.03.2024 with a direction to pass a fresh order. The petition lacks merit and is accordingly dismissed. Order Date :- 8.1.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench