Neutral Citation No. - 2025:AHC:117998 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 7394 of 2025 Petitioner :- Komal Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ramesh Kumar Singh 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. By means of the present petition under Article 227 of the Constitution of India, the petitioner has prayed to set aside the impugned order dated 02.06.2025 passed by Additional Sessions Judge, Court No. 1, Azamgarh in Criminal Revision No. 298 of 2023 (Komal Yadav Vs. S.O.G. Team and others) as well as order dated 15.07.2023 passed by Chief Judicial Magistrate, Azamgarh in Application No. 910 of 2021, Komal Yadav Vs. S.O.G. and others, under Section 156(3) Cr.P.C. whereby the application under Section 156(3) Cr.P.C. filed by the petitioner has been treated as complaint case. 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 the Chief Judicial Magistrate, Azamgarh but, vide order dated 15.07.2023, only relying upon the police report, the learned Chief Judicial Magistrate pass the order by which the application under Section 156(3) Cr.P.C. is treated as a complaint case. Against the said order, the petitioner preferred a Criminal Revision before the District and Sessions Judge, Azamgarh, which was also rejected vide order dated 02.06.2025. 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 pass fresh order as expeditiously as possible, in accordance with the procedure provided under Section 202(1) Cr.P.C. With the aforesaid direction, the petition is disposed of. Order Date :- 21.7.2025 Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad