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Neutral Citation No. - 2025:AHC:39436 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 2636 of 2025 Petitioner :- Dinesh Gupta Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Akhilesh Kumar Mishra,Brijendra Bhushan Dhar Dubey Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard Sri Akhilesh Kumar Mishra, learned counsel for the petitioner, learned AGA for the State and perused the record. By means of the present petition under Section 227 of the Constitution of India, the petitioner has prayed to set aside the
judgment and order dated 08.01.2025 passed by Additional District & Sessions Judge/ Special Judge (Bhrastachar Nivaran Adhiniyam) Court No. 4, Gorakhpur in Criminal Revision No. 261 of 2024 (Dinesh Gupta Vs. State of U.P. & others) and
judgment & order dated 23.08.2024 passed by Civil Judge (S.D.)/IInd Additional Chief Judicial Magistrate, Gorakhpur in Misc. Case No. 2253 of 2024 (Dinesh Gupta Vs. Ganesh Verma & Others) and further directing the S.H.O. to register the FIR against the accused respondents and investigate the matter in accordance with law. It is submitted by the learned counsel for the petitioner that the petitioner had moved an application u/s 175 (3) B.N.S.S. which was ordered on 23.08.2024 to be treated as complaint case. Aggrieved by the said order, the petitioner has challenged the said order by filing a criminal revision which was dismissed vide order dated 08.01.2025. It has been submitted by the
learned counsel for the petitioner that there are certain material on record which requires police investigation. However, it is
directed to the court concerned that in case the matter proceeds as a complaint case, the court shall decide the matter after making necessary inquiry as per the procedure under section 225 of B.N.S.S.. With the aforesaid observations, the petition stands disposed of.
Order Date :- 19.3.2025 Nisha Digitally signed by :- nisha kumari High Court of Judicature at Allahabad