HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 40086 of 2025 Court No. - 80 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The present application under Section 528 BNSS has been filed with a prayer to quash the impugned order dated 09.05.2024 passed by Chief Judicial Magistrate, Gorakhpur in Complaint No. 581 of 2024 (Saroj Vs. Smt. Sawari Devi and others) under Section 156(3) Cr.P.C., Police Station- Gagaha, District-Gorakhpur as well as impugned order dated 25.04.2025 passed by the Court of learned Additional District and Sessions Judge/Special Judge (Anti Corruption Act) Court No. 1, Gorakhpur in Criminal Revision No. 154 of 2024 (Saroj Vs. Smt. Sanwari Devi and others). It has been submitted by learned counsel for the applicant that an application under Section 156(3) Cr.P.C. was moved by the applicant before the Court of learned Chief Judicial Magistrate, Gorakhpur which was directed to be treated as a complaint case vide order dated 09.05.2024. Being aggrieved by the said order, the applicant challenged the said order by filing a revision before the Court of learned District and Sessions Judge, Gorakhpur wherein the revision has also been dismissed vide order dated 25.04.2025. Per contra, learned A.G.A. 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. Versus Counsel for Applicant(s) : Munna Tiwari Counsel for Opposite Party(s) : G.A. Saroj .....Applicant(s) State Of U.P. And 9 Others .....Opposite Party(s) 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 under Section 202(1) Cr.P.C. With the aforesaid directions, the application u/s 528 B.N.S.S. is disposed of. October 15, 2025 Shivani NA528 No. 40086 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad