Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 6715 of 2024 Court No. - 90 HON'BLE HARVIR SINGH, J.
1. On the earlier occasion, i.e on 19.09.2025, the time was granted to
learned counsel for the opposite party Nos. 2 to 7 to file counter affidavit, however no counter affidavit whatsoever has been filed till date.
2. Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the record.
3. By means of present revision, the revisionist has challenged the order dated 09.07.2024, by which the application moved under Section 156(3) Cr.P.C. has been dismissed and the case has been treated as a complaint case.
4. Learned counsel for the revisionist has submitted that to treat an application as a complaint case is not sufficient, as a direction for lodging of the first information report would have been issued by learned Chief Judicial Magistrate, Jhansi. He next submitted that, since sufficient evidence and other material is to be collected and this can only be done by investigating the case properly, as many facts may not be brought on record by the revisionist alone.
5. Per contra, learned counsel appearing on behalf of opposite party Nos. 2 to 7 has submitted that an F.I.R. bearing No. 48 of 2023, under Sections 147, 148, 302, 307 and 504 I.P.C. was registered at Police Station Katera, District Jhansi on 28.5.2023, however subsequent to lodging of the said FIR, a final report was submitted by the Investigating Officer and the Versus Counsel for Revisionist(s) : Awadhesh Prasad Counsel for Opposite Party(s) : G.A., Shiv Kumar Singh Brajendra Singh .....Revisionist(s) State Of U.P. And 6 Others .....Opposite Party(s)
father of the revisionist has also died prior to submission of final report. He next submitted that the revisionist did not challenge or file any protest petition, so far as the final report is concerned, the said final report is still pending disposal.
6. Under the circumstances as stated above, since the final report is still pending disposal, it shall remain open to the revisionist to seek appropriate remedy before the Court of learned Chief Judicial Magistrate. In the event, if some order is passed on the said final report, one way or other, the present complaint No. 1129 of 2023 (Brajendra Singh vs. Rajendra Singh and others) and any order passed on the final report, the present complaint and the earlier proceedings, if so directed may be combined together on the appropriate application moved by the revisionist.
7. Without going into other controversies, the present revision stands
disposed of as stated above.
(Harvir Singh,J.) October 13, 2025 Faridul CRLR No. 6715 of 2024 2
Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad Digitally signed by :- FAREEDUL HASAN High Court of Judicature at Allahabad