HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 26433 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the parties. 2. Present application has been preferred with prayer to quash order dated 2.7.2025 passed by learned Civil Judge (J.D.)/Judicial Magistrate, Kairana, Shamli in Application no. 136/11/2025, Gulzar vs. Arshad and others under Section 173(4) BNSS, PS- Kandhla, District Shamli. 3. Learned counsel for applicant submitted that without perusing the evidences available on record and without applying its judicial mind, the learned Civil Judge (J.D.)/Judicial Magistrate, Kairana, Shamli vide its order dated 2.7.2025, treated the application under Section 173(4) BNSS as complaint case which was preferred by the applicant. Learned counsel for applicant further submitted that without investigation, the injuries caused to the applicant by respondent nos.2 to 5, cannot be find out and also the allegations levelled against them, cannot be proved and as such, order dated 2.7.2025 is illegal and arbitrary and the same may be quashed by directing the court concerned to give direction to register FIR against the respondent nos.2 to 5. 4. Per contra, learned AGA for the State vehemently opposed the prayer as made in the application and submitted that after considering the material on record, learned trial court passed the order and as such, there is no illegality in the same. 5. After having the rival submissions of learned counsel for parties and Versus Counsel for Applicant(s) : Mukul Yadav, Rajesh Yadav Counsel for Opposite Party(s) : G.A. Gulzar .....Applicant(s) State Of U.P. And 4 Others .....Opposite Party(s) perusal of the impugned order, it appears that the concerned court after considering the material passed the order impugned. The Magistrate is not bound in each and every case to pass an order to register a case and investigate if cognizable offence is made out. The Magistrate is fully competent to use its judicial direction in the matter. This is wrong notion that if an application has been moved under Section 173(4) BNSS that the only order can be passed for registration in the matter. The magistrate has got direction under Section 152 BNSS/190 Cr.P.C. to take the cognizance directly or to pass an order that the police to investigate and then take cognizance on submissions of a report under Section 173 BNSS. Even Hon'ble Apex Court also held that the Magistrate has got a direction to pass an order to register the case and investigation under Section 173(4) BNSS/156(3) Cr.P.C. or to treat an application as a complaint case. 6. In the present case, the court concerned passed an order in the circumstances of the case that it may be registered as a complaint case and proceed to record the statement. There appears no illegality and impropriety in the order of the Magistrate. 7. In view thereof, the application lacks merit and is hereby dismissed. October 13, 2025 Shaswat NA528 No. 26433 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad