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Neutral Citation No. - 2025:AHC:132420 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 7589 of 2025 Petitioner :- Jagdish Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Markandey Rai,Pradeep Kumar Rai,Sandeep Kumar Rai Counsel for Respondent :- G.A.,Himanshu Mishra Hon'ble Ms. Nand Prabha Shukla,J. Heard Sri Markandey Rai and Sri Pradeep Kumar Rai, learned counsels for the petitioner, Sri Himanshu Mishra, learned counsel for the respondent Nos. 2 to 5, 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 the following reliefs:
"i. To issue a suitable order or direction setting aside the order dated 25.04.2025 passed by the learned Sessions Judge, Mathura, in Criminal Revision No. 623 of 2024 (Jagdish Vs. State of U.P. and others), as well as the
order dated 29.10.2024 passed by the learned Additional Chief Judicial Magistrate, Court No. 1, Mathura, in Criminal Case No. 1209 of 2024 (Jagdish Vs. Hari and Others), Police Station Chhata, District Mathura, under Sections 308, 452, 323, 504 and 506 IPC arising out of Case Crime No. 203 of 2024. ii. To issue a suitable order or direction to allow the protest petition dated 05.10.2024 filed by petitioner before Additional Chief Judicial Magistrate, Court No. 1, Mathura and reject the Final Report No. 48/2024 dated 29.06.2024 filed by the Investigating Officer in Case Crime No. 203/2024, Police Station Chhata, District Mathura." It has been submitted by learned counsel for the petitioner that the petitioner had lodged an FIR under Sections 506, 504, 323, 452 and 308 IPC at Police Station-Chhata, District-Mathura against the respondents. Against the said FIR, a Final Report dated 29.06.2024 was submitted. Being aggrieved, the petitioner has filed the protest petition dated 05.10.2024 which was also rejected. Against the said
order, a Criminal Revision was preferred which was also rejected by learned Sessions Judge, Mathura vide order dated 25.04.2025. 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 210 B.N.S.S. In case, the petitioner moves a fresh application with complete details to lodge the complaint under Section 210 B.N.S.S. 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 :- 6.8.2025 Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad