Neutral Citation No. - 2025:AHC:131169 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 8486 of 2025 Petitioner :- Smt. Sarvali Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Ghan Shyam Yadav,Sonu Kumar 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. The instant petition under Article 227 of the Constitution of India has been filed to set aside the impugned order dated 20.05.2025 passed by learned Additional District and Session Judge/ Fast Track Court No. 02, Baghpat in Misc. Criminal Revision No. 199 of 2024 (Sarvali Vs. Harvir and others) and impugned judgment and order dated 23.07.2024 passed by the learned Chief Judicial Magistrate, Baghpat in Criminal Case No. 2126 of 2023 (Sarvali Vs. Harvir and others) arising out of Complaint Case No. 1158 of 2023 (Sarvali Vs. Harvir and others) and further prayed to issue an order or direction to the learned Additional Chief Judicial Magistrate, Baghpat to summon the respondent nos. 2 to 6. 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 the complaint case and after recording the statements of the complainant and the witnesses u/s 200 and 202 Cr.P.C., the complaint was rejected under section 203 Cr.P.C. The main submissions of the learned counsel for the petitioner is that the learned trial court did not consider the material on record and had rejected the complaint mainly on the ground that there is no medical report to substantiate the allegations. It was also rejected on the ground that the alleged complaint was initiated in counter blast to the FIR No. 707/2022, under Section 308, 323, 504, 506 IPC, P.S. Baghpar, District Baghpat. However, from the perusal of the record it transpires that the charge sheet in the alleged case crime was submitted on 15.06.2023 and the application u/s 156(3) Cr.P.C. was already moved on 14.12.2022, therefore, it cannot be concluded that the alleged proceedings are in counter blast to the said FIR. There is statement of the complainant and the witnesses recorded on oath u/s 200 and 202 Cr.P.C. which supports the allegations and from the bare perusal of the allegations, cognizable offence is made out. Accordingly, the order dated 20.05.2025 passed by learned Additional District and Session Judge/ Fast Track Court No. 02, Baghpat and the order dated 23.07.2024 passed by the learned Chief Judicial Magistrate, Baghpa, are hereby set aside and the matter is remitted back to the court concerned to reconsider the material on record and pass a fresh order in accordance with law, if there is no other legal impediment. Accordingly, the petition stands allowed. Order Date :- 5.8.2025 Nisha Digitally signed by :- nisha kumari High Court of Judicature at Allahabad