Neutral Citation No. - 2025:AHC:23410 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 6955 of 2022 Petitioner :- Amit Pathak Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Shikhar Awasthi Counsel for Respondent :- A.S.G.I.,Ajay Singh Hon'ble Saurabh Srivastava,J. 1. List revised. Even in the revised call none appeared on behalf of petitioner. Shri Ajay Singh appeared on behalf of respondent nos. 2 to 4. 2. Although notices have been issued to respondent nos. 7 to 11 but none appeared either in person or through counsel on behalf of respondent nos. 7 to 11. Learned AGA has appeared for respondent nos. 1, 5 and 6 respectively. 3. The instant petition has been preferred for challenging order dated 16.12.2021 passed by learned Court of Additional Chief Judicial Magistrate, Vth Moradabad alongwith order dated 2.3.2022 passed in Criminal Revision No. 54 of 2021 by learned District & Sessions Judge, Moradabad respectively. 4. Petitioner preferred an application under Section 156(3) Cr.P.C and the same was rejected vide order dated 16.12.2021, aggrieved with the same, petitioner preferred criminal revision and the same was also decided on 2.3.2022 by way of upholding the order dated 16.12.2021 passed by passed by learned Court of Additional Chief Judicial Magistrate, Vth Moradabad, which rises cause of action in favour of petitioner for filing instant petition. 5. As per the narration and the facts available in the instant petition, so many allegations have been put forward against respondent nos. 7 to 11 as well as rest of the official respondent which includes Union of India as well State of U.P. 6. The crux of the allegations are gross negligence of medical administration conducted at the time of treating the father of petitioner. While adjudicating the application preferred at the behest of petitioner under Section 156(3) Cr.P.C, learned court of Additional Chief Judicial Magistrate sought reliance of the judgment rendered by Hon'ble Apex Court in the case of Priyanka Srivastava vs. State of U.P. (2015) 6 SCC 287 wherein it has been held that the matters where medical negligence has been indicated and sought to be registered as State case/Complaint case, the same has to be preliminary investigated/inquired by concerned police station and after receiving of the report the next action has to be taken up by learned concerned court and the same principle has been relied upon in the judgment rendered by Hon'ble Apex Court in the case of Jacob Mathew vs. State of Punjab & another (2005) 6 SCC 1 also. In the instant matter the preliminary investigation has been carried out by learned concerned Magistrate which reveals that no such allegations has been found proved by Investigating Officer and as such application preferred at the behest of petitioner has been rejected vide order dated 16.12.2021 on the basis of report submitted in pursuance to order dated 11.11.2021. A report and finding recorded by learned Additional Chief Judicial Magistrate, Court No.5, Moradabad has been categorically upheld while passing order dated 2.3.2022 over Criminal Revision No.54 of 2021 preferred by the petitioner. 7. Learned counsel appearing for Union of India submitted that there is hardly any role of Union of India after the detailed investigation conducted by the State authorities over which the cognizance has been taken up which negated the application preferred at the behest of petitioner. 8. After hearing learned counsel appearing for Union of India, there is hardly any justification to keep the matter pending at the behest of non appearance of learned counsel for the petitioner, both the orders i.e, order dated 16.12.2021 passed by learned Court of Additional Chief Judicial Magistrate, Vth Moradabad alongwith order dated 2.3.2022 passed in Criminal Revision No. 54 of 2021 by learned District & Sessions Judge, Moradabad put under challenge are having no infirmity and as such there is hardly any scope to interfere with the same. 9. Writ petition lacks merits hence dismissed. Order Date :- 18.2.2025 Rakesh Digitally signed by :- RAKESH SINGH High Court of Judicature at Allahabad