Neutral Citation No. - 2025:AHC:112142 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 6894 of 2025 Petitioner :- Smt. Pushpa Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Mishra,Avesh Mishra,Braj Gopal 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 judgment and order dated 24.02.2025 passed by A.C.J.M.- III, Bijnor in Criminal Misc. Case No. 47 of 2025 (Pushpa Vs. Afzal and others) under section 173 (4) BNSS as well as the order dated 17.05.2025 passed by Additional Sessions (POCSO Act) Bijnor in Criminal Revision No. 111 of 2025 (Smt. Pushpa Devi Vs. Afzal and others). It has been submitted by learned counsel for the petitioner that the petitioner is a widowed laborer and had moved an application u/s 173 (4) of BNSS for lodging of the FIR. However, the said application has been rejected by the Additional Chief Judicial Magistrate, Court No. 3, Bijnor vide order dated 24.02.2025. Even, the revision filed by the petitioner against the said order has also been dismissed. From the perusal of the record and submissions made by the learned cousnel for the petitioner it transpires that the cognizable offence is made out. Recently, the Hon'ble Supreme Court in XYZ Vs. State of Madhya Pradesh and others 2022 LiveLaw (SC) 676 has held that "the Police Officers cannot exercise any discretion when they receive a complaint which discloses the commission of a cognizable offence. Whether or not the offence complained of is made out is to be determined at the stage of investigation and/or trial. If, after conducting the investigation, the police finds that no offence is made out, they may file a Report under Section 173 Cr.P.C. However, it is not open to them to decline to register an FIR, specially in cases alleging sexual harassment, sexual assault or any other similar criminal allegation wherein the victim has already been traumatised." Considering the aforesaid facts and circumstances of the case as well as in light of the observations made in the aforesaid decision, it is hereby directed that the order dated 24.02.2025 passed by Additional Chief Judicial Magistrate, Court No. 3, Bijnor and the order dated 17.05.2025 passed by Additional Sessions (POCSO Act) Bijnor are hereby set aside and the mater is remitted back to the court concerned to reconsider the application of the petitioner moved u/s 173 (4) BNSS and pass appropriate order in accordance with law in the light of aforesaid. With the aforesaid direction, the present petition is disposed of. Order Date :- 14.7.2025/Nisha Digitally signed by :- nisha kumari High Court of Judicature at Allahabad