Neutral Citation No. - 2025:AHC:124926 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 7974 of 2025 Petitioner :- Smt. Kamla Devi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Asha Parihar,Geeta Parihar,Pratik Chandra Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard Ms. Asha Parihar, 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 06.06.2025 passed by learned Chief Judicial Magistrate, District-Hamirpur in Criminal Misc. No. 333 of 2025 (Smt. Kamla Devi Vs. Shiv Kumar Singh and others) whereby application under Section 173 (4) of B.N.S.S. has been treated as a complaint case. It has been submitted by learned counsel for the petitioner that the petitioner moved an application under Sections 173(4) and 175(4) of B.N.S.S. which has been treated as a complaint case by learned Chief Judicial Magistrate, Hamirpur. The main submission of learned counsel for the petitioner is that the alleged Inquiry Report dated 10.04.2025 was not considered before passing of the order impugned therefore, no direction was ordered for lodging of the FIR and was treated as a complaint case. In view of the aforesaid facts and circumstances of the case, the impugned order dated 06.06.2025 is hereby set aside with the direction to the Court concerned to reconsider the Inquiry Report dated 10.04.2025 forwarded by S.I. Kotwali Nagar, Hamirpur and thereafter pass an appropriate order afresh, in accordance with law, after giving opportunity of hearing to both the parties. With the aforesaid directions, the petition is allowed. Order Date :- 29.7.2025 Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad