Neutral Citation No. - 2025:AHC:76612 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 4187 of 2025 Petitioner :- Haleema Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Avinash Pandey Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. The present petition under Article 227 of the Constitution of India has been filed with following prayer: i. to set-aside the impugned order dated 27.02.2025 passed by Upper Session Judge/Fast Track Court, Shamli in Misc. Criminal Case No.62 of 2023 (Haleema vs. State of U.P. and others) and 06.11.2023 passed by Chief Judicial Magistrate, Shamli in Case No.542/11/2023 (Haleema vs. Dilshad & others), under Section 156(3) Cr.P.C., Police Station Kairana, District Shamli (Annexure Nos.1 and 2 of the petition) ii. to direct the Court concerned/Chief Judicial Magistrate, Shamli to pass a fresh order upon application under section 156(3) Cr.P.C. filed by the petitioner. iii. to direct the respondent no.2 to lodge FIR in suitable section against respondent nos.3 to 9. iv. to pass any other order or direction, as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." It has been submitted by learned counsel for the petitioner that an application was moved by the petitioner under section 156(3) Cr.P.C. for lodging of the FIR against the respondent nos. 3 to 9 which has been rejected and the revision preferred has also been dismissed. Recently, the Hon'ble Apex Court decision in XYZ vs. State of M.P. and others, (2023) 9 SCC 705, has observed that it is the duty of a Magistrate to order a police investigation when a complaint, prima facie, discloses a cognizable offence and especially crucial in cases of sexual assault or harassment where the victim should not be further burdened by the need to pursue the matter. Considering the aforesaid facts and in light of the observation of Hon'ble Apex Court, it is provided that in case a fresh application is moved by the petitioner under section 156(3) Cr.P.C. for lodging of the FIR, the same be decided expeditiously, in accordance with law. With the aforesaid direction/observation, the present petition is disposed of. Order Date :- 12.5.2025 Monika Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad Digitally signed by :- MONIKA KESARWANI High Court of Judicature at Allahabad