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Neutral Citation No. - 2025:AHC:116510 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 6856 of 2025 Petitioner :- Krishan Kant Respondent :- State of U.P. and Another Counsel for Petitioner :- Gavendra Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard Ms. Neelam Yadav, holding brief of Sri Gavendra Kumar Mishra, 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 order of learned Judicial Magistrate, Court No. 3, Ghazipur dated 14.08.2023 passed in Criminal Misc. Case No. 1145 of 2023 (Krishan Kant Vs. Rampravesh Ram and others) and order of learned Sessions Judge, Ghazipur dated 14.11.2024 passed in Criminal Revision No. 254 of 2023 (Krishan Kant Vs. State of U.P. and another). 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 learned Judicial Magistrate, Court No. 3, Ghazipur, but the same was rejected vide order dated
14.08.2023. Against the said order, the petitioner preferred a Criminal Revision before the Court of District and Sessions Judge, Ghazipur, which was also rejected vide order dated 14.11.2024. Considering the aforesaid facts and circumstances of the case, learned counsel for the petitioner has got an alternative remedy to lodge a complaint under Section 190 Cr.P.C. In case, the petitioner moves a fresh application with complete details to lodge the complaint under Section 190 Cr.P.C. within a period of one month from the date of the order, the same may be considered and decided strictly in accordance with law after giving opportunity of hearing to both the parties, if there is no other legal impediment. With the aforesaid directions, the petition is disposed of. Order Date :- 18.7.2025 Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad