Neutral Citation No. - 2025:AHC:77619 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 4858 of 2025 Petitioner :- Digvijay Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Bed Prakash Rai 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 petition under Article 227 of the Constitution of India has been filed with the following prayer:- "(i) Set aside the impugned judgment & order dated 08.01.2025 passed by Special Judge, SC/ST (P.A.) Act, Ghazipur in Criminal Revision No. 187 of 2023 (Digvijay Vs. State of U.P. and others) as well as order dated- 10.05.2023, passed by the Civil Judge (J.D.), F.T.C. Court No. 2, Ghazipur, in Misc. Criminal Case No. 364 of 2023 (Digvijay Vs. Ramsaran and others), under section- 156(3) Cr.P.C., Police Station- Mardah, District- Ghazipur. (ii) To direct the concern Station House Officer to lodge the first information report against the opposite party no. 2 to 5. (iii) Issue any other, order or direction, which this Hon'ble Court may deem fit and proper in the circumstances of the case. (iv) Award the cost of the petition in favour of the petitioner." It has been submitted by the learned counsel for the petitioner that the instant matter needs to be investigated. The learned court below rather registering the FIR has treated the application u/s 156 (3) Cr.P.C. as a complaint case, though the investigation is required to be made by the police officer. Per contra, learned AGA for the State has referred to the provision u/s 202 (1) of the Cr.P.C. wherein it has been specifically provided that the Magistrate can direct for the investigation to the police officer. Considering the aforesaid facts, the concerned Magistrate is hereby directed to make necessary investigation under section 202 (1) Cr.P.C. if required and proceed in accordance with law. With the aforesaid direction, the petition is disposed of. Order Date :- 13.5.2025/Nisha Digitally signed by :- nisha kumari High Court of Judicature at Allahabad Digitally signed by :- nisha kumari High Court of Judicature at Allahabad