Neutral Citation No. - 2025:AHC:114614 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 7069 of 2025 Petitioner :- Bhagavati Devi Respondent :- State Of U.P. And 16 Others Counsel for Petitioner :- Krishna Mani Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned AGA 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 18.11.2024 passed by learned Additional Chief Judicial Magistrate Ist, Mirzapur in Complaint Case No. 53 of 2024 (Bhagavati Devi Vs. Raj Kumar and others), U/s 203 Cr.P.C., P.S. Kotwali Dehat, District Mirzapur including the revisional order dated 20.05.2025 passed by learned Sessions Judge, Mirzapur in Criminal Revision No. 12 of 2025 (Bhagavati Devi Vs. State of U.P. and others) and further prayed to direct the learned Additional Chief Judicial Magistrate Ist, Mirzapur to pass fresh order on the complaint of the petitioner. It has been submitted by the learned counsel for the petitioner that the petitioner moved an application u/s 156(3) Cr.P.C. which was treated as a complaint case and after recording the statements of the complainant and the witnesses u/s 200 and 202 Cr.P.C., the complaint has been rejected u/s 203 Cr.P.C. Even the revision filed by the petitioner-complainant has also been rejected. The main submission of learned counsel for the petitioner is that the court below did not consider the statements of the complainant and the witnesses CW 1 and CW 2 and has rejected the same on the ground that there are contradictions in their statements. It has also been rejected on the ground that the matter being civil in nature has been given the criminal color. From the submissions made above as well as from the contents of the statements of the complainant and the witnesses recorded on oath it transpires that there is sufficient material to proceed against the respondent-accused. Accordingly, the order dated 18.11.2024 passed by learned Additional Chief Judicial Magistrate Ist, Mirzapur and the revisional order dated 20.05.2025 passed by learned Sessions Judge, Mirzapur, are hereby set aside and the matter is remitted back to the court concerned to reconsider the matter and pass fresh orders in accordance with law expeditiously, if there is no other legal impediment. Accordingly, the petition is allowed. Order Date :- 16.7.2025 Nisha Digitally signed by :- nisha kumari High Court of Judicature at Allahabad