Neutral Citation No. - 2025:AHC:36732 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 8358 of 2023 Petitioner :- Bhagmani Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ratnesh Kumar Jaiswal,Sandeep Pandey Counsel for Respondent :- G.A.,Suneel Kumar Mishra Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. The present petition has been preferred with the following reliefs:- "I. to Set-aside the impugned order dated 05.05.2023 passed by Sessions Judge, Mirzapur in Criminal Revision No. 160 of 2022 filed against order dated 08.11.2022 Complaint Case No. 17190 of 2022 in Application under Section 156(3) Cr.P.C. No. 15159 of 2022 (Bhagmani Devi Vs. Puja Gupta and others) as well as set aside the order dated 08.11.2022 passed by Additional Civil Judge (J.D.), Court No. 4, Mirzapur. II. to direct the concerned learned court below for lodging the First Information Report against the respondent nos. 02 & 03 in appropriate Sections in Complaint Case No. 17190 of 2022 in light of Application under Section 156(3) Cr.P.C. No. 15159 of 2022 (Bhagmani Devi Vs. Puja Gupta and others)." 3. It is the case of petitioner that the petitioner wants to lodge an FIR against respondent nos. 2 and 3 for incident of 'marpeet' for which an application under Section 156(3) Cr.P.C. has been moved by the petitioner against the respondent nos. 2 and 3 before the learned concerned court. The learned concerned court vide its order dated 08.11.2022 treated the application under Section 156(3) Cr.P.C. as complaint case in lieu of lodging the FIR, and ordered for recording the statement under Section 200 Cr.P.C. Being aggrieved with the order dated 08.11.2022, the petitioner preferred Criminal Revision No. 160 of 2022 which was rejected by learned Court of Sessions Judge, Mirzapur vide order dated 05.05.2023, which impugned the present petition. 4. Learned counsel for petitioner submitted that both the impugned orders i.e., order dated 08.11.2022 and revisional court's order dated 05.05.2023 are wholly illegal, unjust, improper and have been passed without properly considering the facts and circumstances of the case as well as without considering the materials available on record. 5. Per contra, Sri Suneel Kumar Mishra, learned counsel for respondent nos. 2 and 3 as well as learned AGA vehemently opposed the prayer made through the instant petition and rebutted the stand taken up by learned counsel for petitioner and submitted that after considering the material on record, learned concerned courts passed the impugned orders and as such, there is no illegality in the same. 6. After having the rival contentions raised by learned counsel for parties, no prejudice has been caused to the petitioner, moreover the matter has already been proceeding in pursuance to application under Section 156(3) Cr.P.C. which has been directed to be registered as complaint case, wherein statement has already been recorded by the petitioner under Section 200 Cr.P.C. and the statement under Section 202 Cr.P.C. is still awaited. So far as regarding the ground of cognizable offence taken up by learned counsel for the petitioner, wherein the State case is mandatory to be lodged in shape of FIR at the behest of the petitioner and the same can be dealt, if required by learned court concerned by way of specific direction issued under Section 202(1) Cr.P.C. 7. The instant petition stands disposed of accordingly. Order Date :- 12.3.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad