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Neutral Citation No. - 2025:AHC:84130 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 5239 of 2025 Petitioner :- Chetram Yaduvanshi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Jalaj Kumar Tripathi Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Sri Chandra Pal and Sri Udayveer Singh, Advocates have filed his vakalatnama on behalf of the respondent nos. 2 to 5 which is taken on record. 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) Issue an appropriate order or direction for set aside/quashed the Revisional Order Dated 21.02.2025 passed by learned Additional Session Judge, Court No. 14 Bareilly, District Bareilly in Criminal Revision No. 77 of 2024 (Misc. Case No. 329/23) by which the learned Session Court reject the revision of the applicant and confirmed the order dared 23.02.2024 passed by Chief Judicial Magistrate Bareilly District Bareilly in Mic case No. 329/23 arising out of Case Crime No. 112/2022, u/s 498A, 504, 304B IPC and u/s 3/4 D.P. Act, P.S. Mahila Thana, District Bareilly and petitioner also quashed the order dated 23.02.2024 passed by Chief Judicial Magistrate Bareilly District Bareilly in Misc. Case No. 329/23 arising out of Case Crime No. 112/2022, u/s 498A 504, 304B IPC and u/s 3/4 D.P. Act, P.S. Mahila Thana, District Bareilly by which the learned Magistrate accept the Final Report No. 32/2022 (Annexure No. 1 & 2 to the present petition). (ii) Issue an appropriate order or direction to the concerning S.H.O. Police Station Mahila Thana District Bareilly to further investigation the case." It has been submitted by the learned counsel for the petitioner that the instant matter needs to be investigated. The learned court below has accepted the final report without considering the
material available on record, therefore 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 is empowered to direct for an investigation to the police officer concerned. 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 :- 20.5.2025 Nisha Digitally signed by :- nisha kumari High Court of Judicature at Allahabad