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Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 3820 of 2025 Petitioner :- Surendra Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Adesh Kumar,Kuldeep Kumar Sharma Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned AGA for the State and perused the record. The present writ petition under Article 227 of the Constitution of India has been filed with a prayer to set aside the judgment and order dated 05.12.2024 passed by Additional Sessions Judge, Court No. 4, Baghpat in Criminal Revision No. 86 of 2024 (Surendra vs. Deepa and others).
Learned counsel for the petitioner states that the petitioner filed the protest petition on 19.10.2023 against the final report dated 28.08.2021 which was rejected by the Chief Judicial Magistrate, Baghpat vide order dated 08.04.2024. Aggrieved by the said order, a revision was filed by the petitioner which was also rejected. Considering the aforesaid facts and circumstances of the case, as the allegations discloses commission of a cognizable offence,
learned counsel for the petitioner wants to avail an alternative remedy by lodging a complaint under Section 210 BNSS. In case, the petitioner moves a fresh application with complete details to lodge the complaint under Section 210 BNSS within a period of one month from the date of the order, the same may be considered and decided strictly in accordance with law after giving opportunity of hearing to both the parties, if there is no other legal impediment. With the aforesaid direction, the petition is disposed of.
Order Date :- 22.7.2025 Aditya Tripathi Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad