Neutral Citation No. - 2025:AHC:81679 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 5049 of 2025 Petitioner :- Radheshyam Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Chandra Mohan Singh,Rajesh Kumar 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. 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 04.02.2025 passed by the Special Additional Sessions Judge (POCSO) I, Gyanpur Bhadohi in Criminal Revision No. 188 of 2024, Radheyshyam Advocate versus State of U.P. and others and order dated 13.09.2024 passed by the Chief Judicial Magistrate, Gyanpur Bhadohi in Criminal Case No. 307 of 2023, Radheyshyam Advocate versus Sarvajeet and others. It has been submitted by learned counsel for the petitioner that the petitioner lodged an FIR bearing Case Crime No. 0454 of 2020 under Sections 427 and 435 IPC at Police Station- Gopiganj, District-Bhadohi wherein after the investigation, a final report was submitted. Subsequently, after further investigation, again a Final Report was submitted. Thereafter, the petitioner filed a protest petition which has been treated as a complaint case. The main grievance of the petitioner is that in the alleged incident of mischief by fire, a cow and a buffalo had received burn injuries and the buffalo died. Therefore, there was an ingredient of Section 436 IPC but the same has not been considered and needs to be investigated. Considering the submissions made by learned counsel for the petitioner, the orders dated 04.02.2025 and 13.09.2024 are hereby set aside and it is hereby directed to the Court concerned to reconsider the material available on record and pass fresh order after making necessary inquiry or investigation, as provided under Section 202(1) Cr.P.C. With the aforesaid directions, the petition is disposed of. Order Date :- 16.5.2025/Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad