Neutral Citation No. - 2025:AHC:28092 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 1693 of 2025 Petitioner :- Dharmprakash Vyas Alas Dharmu Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Dileep Kumar,Sudhir Kumar Srivastava Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard Sri Dileep Kumar Singh Chandel along with Sri Sudhir Kumar Srivastava, learned counsels for the petitioner and learned AGA for the State. 2. The instant petition has been preferred with following prayer:- "to set aside the impugned order dated 09.01.2025 passed by Special Judge (D.A.A.), Jhansi in Misc. Criminal No. 640 of 2024 (Dharm Prakash Versus Ramakant Tiwari and others), Police Station Samthar, District Jhansi and also the impugned order dated 11.11.2024 passed by the Civil Judge (J.D.)/Judicial Magistrate, Moth, Jhansi in Misc. Application No. 115 of 2024, (Dharm Prakash Versus Ramakant Tiwari and others), Under Section 173(4) of B.N.S.S., Police Station Samthar, District Jhansi. It is further prayed that this Hon'ble Court may graciously be pleased to direct the Civil Judge (J.D.)/Judicial Magistrate, Moth, Jhansi to re-consider the Misc. Application No. 115 of 2024, (Dharm Prakash Versus Ramakant Tiwari and others), Under Section 173(4) of B.N.S.S., Police Station Samthar, District Jhansi filed by the petitioner and pass an appropriate order for lodging the F.I.R. against the accused persons i.e. respondent no. 2 to 6 during the pendency of the present petition before this Hon'ble Court." 3. Since the matter has been argued only on the legal issue and as such process of issue notices to respondent nos. 2 to 6 is hereby dispensed with. 4. It is the case of the petitioner that specific information has been preferred by the petitioner for directing concerned police authorities for lodging FIR in respect of incident occurred on 25.07.2024 by way of allegating respondent nos. 2 to 6 which is corroborated with certain injuries sustained by the petitioner and the same were examined at Medical College, Jhansi, in respect of specific allegation supported with evidences in shape of injury report, learned Civil Judge (Junior Division)/Judicial Magistrate, Moth, Jhansi, dismissed application preferred at the behest of the petitioner under Section 173(4) BNSS only on the ground that the matter contains certain allegation in respect of offence of dacoity and as such the proposed section attracting the offences as alleged by the petitioner is not amenable before learned Court of Civil Judge (Junior Division)/Judicial Magistrate, Moth, Jhansi and the same can only be examined/tried by learned Court of Special Judge (Dacoity Affected Area), Jhansi vide order dated 11.11.2024. 5. Being aggrieved with the same, the petitioner preferred another application under Section 173(4) BNSS before learned Court of Special Judge (Dacoity Affected Area), Jhansi and the same was decided vide order dated 09.01.2025 through which the application preferred at the behest of the petitioner has been dismissed, which impugned the present petition. 6. Learned counsel for the petitioner sought the attention of the Court over the order which impugned the present petition, the same was passed only in the light of an FIR lodged at the behest of respondent no. 2 against the petitioner but in the latest event interim protection has already been granted by Division Bench of this Court in favour of the petitioner in Criminal Misc. Writ Petition No. 227 of 2025 vide order dated 09.01.2025. 7. Per contra, learned AGA for the State vehemently opposed the prayer as made in the application and rebutted the stand taken up by learned counsel for the petitioner and supported the order dated 09.01.2025 passed by learned Court of Special Judge (Dacoity Affected Area), Jhansi but at the same time did not disputed the latest fact in shape of protection extended by Division Bench of this Court vide order dated 09.01.2025 and once the veracity and legality of the FIR has been interfered by Division Bench of this Court, the ground over which the application preferred at the behest of the petitioner under Section 173(4) BNSS is not sustainable in the eye of law. 8. In view of aforementioned facts and circumstances, the order dated 09.01.2025 passed by learned Court of Special Judge (Dacoity Affected Area), Jhansi is hereby set-aside and the matter is remitted back to learned Court of Special Judge (Dacoity Affected Area), Jhansi for re-considering the application preferred at the behest of the petitioner under Section 173(4) BNSS a fresh and decide the same within a period of two months from the date of production of certified copy of this order. It is needless to mention that the decision which will be taken over by learned court concerned on the application dated 21.12.2024 will be reasoned and speaking one. 9. Accordingly, the present writ petition stands allowed. Order Date :- 27.2.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad