Neutral Citation No. - 2025:AHC:88108 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 9411 of 2024 Petitioner :- Jeevan Prasad Gupta Respondent :- State of U.P. and Another Counsel for Petitioner :- Saurabh Kumar Pandey Counsel for Respondent :- G.A.,Vinod Kumar Yadav Hon'ble Ms. Nand Prabha Shukla,J. Heard Sri Saurabh Kumar Pandey, learned counsel for the petitioner, learned AGA for the State, Sri Vinod Kumar Yadav, learned counsel for the respondent no. 2 and perused the record. The present petition under Article 227 of the Constitution of India has been filed with a prayer to set aside the impugned order dated 26.6.2024 passed by Additional District & Sessions Judge, Azamgarh in Criminal Revision No. 75 of 2024 (Jeevan Prasad Gupta vs. State and another) and order dated 01.12.2023 passed by Judicial Magistrate, Court No. 24, Azamgarh in Case No. 5775 of 2022 (Om Prakash Singh vs. Jeevan Prasad Gupta) under Section 138 of Negotiable Instrument Act, Police Station Sidhari, District Azamgarh. 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 Chief Judicial Magistrate, Azangarh to lodge an FIR against the respondent no. 2 but, vide order dated 01.12.2023, the said application has been rejected. It has been submitted that the matter needs to be investigated. However, the revisional court has affirmed the order dated 01.12.2023. Per contra, learned AGA 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 :- 23.5.2025 Puspendra Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad