HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 529 BNSS No. - 3676 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. Applicant herd in person, learned AGA for State and perused the record. 2. By means of the present application under Section - 529 B.N.S.S., the applicant has prayed that this Hon'ble Court may direct the learned Additional Chief Judicial Magistrate-4, Kanpur Nagar to decide the application ( Sh. Shiv Ram Vs. Smt. Pinki) dated 9.9.2021 in Case No.960 of 2024, under section 12, 18, 19, 20, 22 of Domestic Violence Act, Police Station -Kohana, District-Kanpur Nagar. 3. The applicant who appeared in person has filed an application under Section 156(3) Cr.P.C. bearing Case No. 8551 of 2018 ( Shivram Vs. State), arising out of Application under Section 156(3) of Cr.P.C., at Police Station Kohna, District Kanpur Nagar which is pending before Additional Chief Judicial Magistrate-4, Kanpur Nagar. 4. In the said application, another application on 9.9.2021 was also filed by him before the concerned Magistrate with a prayer that the compact disk submitted by him be sent by concerned magistrate for its forensic examination. He has submitted that his application before the concerned Magistrate for sending the compact disk for forensic examination is still pending. He has prayed to direct the learned Magistrate to consider and decide his application as expeditiously as possible. 5. Learned AGA has opposed the prayer of the applicant and submitted that application under Section 156(3) Cr.P.C. filed by any person can either be allowed by the learned Magistrate by directing the police authority to lodge Versus Counsel for Applicant(s) : In Person Counsel for Opposite Party(s) : Shivram .....Applicant(s) State Of U.P. And Another .....Opposite Party(s) an FIR or it can be converted into compliant case. Another option available before the concerned Magistrate is to direct an inquiry before passing any order on the application under Section 156(3) Cr.P.C. 6. However, in no case, a person filing application under Section 156(3) Cr.P.C. can itself ask the Court to consider the evidences submitted by him in any form. 7. Heard learned counsel for the parties and perused the application filed by applicant, it is apparent that an application under Section 156(3) filed by applicant is still pending before the Court. It is discretion of Magistrate either to allow or to convert his application into complaint. However, a person who has filed any application under Section 156(3) has no locus to dictate the Court as to the manner in which the inquiry or an investigation by the Magistrate or I.O. is to be carried out. 8. Accordingly this application is misconceived and is dismissed. October 13, 2025 Mukesh NA529 No. 3676 of 2025 2 (Anil Kumar-X,J.) Digitally signed by :- MUKESH SRIVASTAVA High Court of Judicature at Allahabad