Neutral Citation No. - 2025:AHC:113810 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 7017 of 2025 Petitioner :- Bhuri Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned AGA 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 28.08.2024 passed by learned Additional Chief Judicial Magistrate, Court No. 17, District Etah in Complaint No. 8709 of 2024 and order dated 09.05.2025 passed by learned Additional Session Judge/Special Judge (Rape and POCSO Act) First, Etah in Criminal Revision No. 239/2024 (Bhuri Devi Vs. State of U.P. and others), Police Station Raja Ka Rampur, District Etah and accused/respondent nos. 2, 3 and 4 should be summoned in rape case. It has been submitted by learned counsel for the petitioner that the petitioner lodged an FIR against the respondent-accused under Section 452, 376-D, 377 and 506 IPC. However, after the investigation, final report was submitted. The petitioner moved a protest petition which was treated as a complaint case and after recording the statement of the petitioner u/s 200 and the witness u/s 202 Cr.P.C. and the same was rejected. It has been submitted by the learned counsel for the petitioner that sufficient material was available on record but the order impugned has been passed without application of mind in a mechanical manner. Considering the fact that after the submission of final report the petitioner moved a protest petition wherein in her statement recorded u/s 200 Cr.P.C. she has categorically made allegations against the respondent-accused, accordingly, the order dated 28.08.2024 passed by Additional Chief Judicial Magistrate, Court No. 17, District Etah and order the 09.05.2025 passed by Additional Session Judge/Special Judge (Rape and POCSO Act) First, Etah are hereby set aside and the matter is remitted back to the court concerned to reconsider and pass fresh order expeditiously if there is no legal impediment. The petition is accordingly, allowed. Order Date :- 15.7.2025 Nisha Digitally signed by :- nisha kumari High Court of Judicature at Allahabad Digitally signed by :- nisha kumari High Court of Judicature at Allahabad