Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:75433 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 4792 of 2025 Petitioner :- Om Prakash Verma Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Asha Parihar,Pratik Chandra Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard Ms. Asha Parihar, learned counsel for the petitioner, learned A.G.A. for the State and perused the record. By means of the present petition under Article 227 of the Constitution of India, the petitioner has prayed to set aside the Judgment and Order dated 21.03.2025 passed by learned Sessions Judge, Agra in Criminal Revision No. 426 of 2022 (Om Prakash Verma Vs. State and others) by which Criminal Revision has been dismissed as well as impugned order dated 18.07.2022 passed by learned Additional Chief Judicial Magistrate Court No. 1, Agra in Misc. Application No. 511 of 2018 (Om Prakash Verma Vs. Bijendra Raizada and others whereby application under Section 156(3) Cr.P.C. has been treated as a complaint case. It has been submitted by learned counsel for the petitioner that the petitioner moved an application under Section 156(3) Cr.P.C. for lodging of the FIR but the same was rejected. Being aggrieved, the petitioner filed a revision which was remanded back directing to make necessary inquiry. After the inquiry was concluded, an order was passed on 18.07.2022 treating the application under Section 156(3) Cr.P.C. as a complaint case. The main submission of learned counsel for the petitioner is that the alleged Inquiry Report dated 29.05.2022 was not considered before passing of the order impugned therefore, no direction was ordered for lodging of the FIR and was treated as a complaint case. In view of the aforesaid facts and circumstances of the case, the impugned order dated 18.07.2022 is hereby set aside with the direction to the Court concerned to to reconsider the Inquiry Report dated 29.05.2022 passed by Assistant Superintendent of Police/Circle Officer, Hari Parwat, Agra and thereafter pass an appropriate order afresh, in accordance with law, after giving opportunity of hearing to both the parties. With the aforesaid directions, the petition is allowed. Order Date :- 9.5.2025 Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad