HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39933 of 2025 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. The present application under Section 528 BNSS has been filed by the applicant with a prayer to allow this application and to quash the order dated 21.08.2025 passed by the learned Judicial Magistrate, Kasganj in Misc. Case No.78 of 2025, CNR No. UPKR040143842025. (Naveen Kumar Mishra Vs. Mukesh Chandra and others) under Section 173(4) BNSS, Police Station- Sikandarpur Vaishya, District Kasganj and further be pleased to remand the same for fresh consideration. It has been submitted by learned counsel for the applicant that an application under Section 173(4) BNSS was moved by the applicant before the learned Judicial Magistrate, Kasganj to lodge an FIR against the opposite party nos. 2 to 6 but vide order dated 21.08.2025 the same has been treated as a complaint case. It has been submitted that the matter needs to be investigated. Per contra, learned AGA for the State has submitted that section 202(1) Cr.P.C. empowers the Magistrate to make an enquiry or direct an investigation to be made by a police officer. Accordingly, it is hereby directed to the court concerned that in case the matter proceeds as a complaint case, the court shall decide the matter in accordance with the procedure provided Versus Counsel for Applicant(s) : Balram Mishra Counsel for Opposite Party(s) : G.A. Naveen Kumar Mishra .....Applicant(s) State Of U.P. And 5 Others .....Opposite Party(s) under Section 202(1) Cr.P.C. With the aforesaid directions, the application under Section 528 BNSS is disposed of. October 15, 2025 Puspendra NA528 No. 39933 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad