Neutral Citation No. - 2025:AHC:89948 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 5539 of 2025 Petitioner :- Vinay Kumar Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anjani Kumar Dubey,Deepak Upadhyay 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 impugned order dated 02.09.2024 passed by the learned Additional Chief Judicial Magistrate, First, Jaunpur in P.M.C. No. 53 of 2024 and to direct the learned Magistrate to reconsider the application under Section 156(3) Cr.P.C. and pass appropriate order for registration of FIR and investigation by police and also to command the concerned Police Authorities to register an FIR forthwith on the basis of the complaint/application dated 05.03.2024 submitted by the petitioner, and conduct a fair, impartial and expeditious investigation in accordance with law. It has been submitted by learned counsel for the petitioner that an application under Section 156(3) Cr.P.C. was moved by the petitioner before the Court of Judicial Magistrate, Jaunpur to lodge an FIR, but the said application was rejected, treating it as a complaint case. Per contra, learned A.G.A. for the State has submitted that Section 202(1) Cr.P.C. empowers the Magistrate to make an enquiry or direct an investigation to be made by a police officer. Considering the aforesaid facts, the matter is remitted back to the court concerned with a direction to pass fresh order as expeditiously as possible, in accordance with the procedure provided under Section 202(1) Cr.P.C. With the aforesaid direction, the petition is disposed of. Order Date :- 27.5.2025/Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad