Neutral Citation No. - 2025:AHC:116723 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 6400 of 2025 Petitioner :- Subhash Chandra Sharma Respondent :- State Of U.P. And 11 Others Counsel for Petitioner :- Dinesh Kumar Maurya,Ram Raj Prajapati 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. This petition under Article 227 of the Constitution of India has been filed with the prayer to set aside the impugned order dated 03.01.2025 passed by Additional District and Sessions Judge, Court No. 2, Ghaziabad in Criminal Revision No. 160 of 2019 (Computer Case No. UPGZ010063472019) (Subhash Chandra Sharma Vs. State of U.P. and others) and impugned order dated 02.03.2019 passed by Additional Chief Judicial Magistrate, Court No. 3, Ghaziabad in Complaint Case No. 4778/2017 (CNR No. UPGZ04001247682013) Subhash Chandra Sharma Vs. Manjeet and others P.S., Sihani Gate, District Ghaziabad and further prayed to issue a direction to Additional Chief Judicial Magistrate, Court No. 3, Ghaziabad to reconsider the application filed by the petitioner and passed appropriate order directing the police authority to made proper investigation in respect of allegation made in complaint. It has been submitted by learned counsel for the petitioner that the petitioner moved an application u/s 156 (3) Cr.P.C. which was ordered on 25.01.2013 to be treated as a complaint case. However, being aggrieved by the said order, the petitioner moved an application for passing of the fresh order wherein the said application was rejected and the learned Additional Chief Judicial Magistrate, Court No. 3, Ghaziabad vide order dated 02.03.2019 had directed to proceed with the complaint case after recording the statement u/s 200 Cr.P.C. Aggrieved by the said order, petitioner preferred a criminal revision which has also been dismissed. From the perusal of the record it transpires that this matter is being proceeded 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 decide the matter in accordance with the procedure provided under Section 202(1) Cr.P.C. With the aforesaid direction, the petition is disposed of. Order Date :- 18.7.2025/Nisha Digitally signed by :- nisha kumari High Court of Judicature at Allahabad