Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 616 of 2025 Petitioner :- Satya Prakash Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Amrish Tiwari Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned AGA for the State 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 judgement and order dated 10.10.2024 passed by Chief Judicial Magistrate, Mau in Misc. Application No. 1006 of 2024 (Satyaprakash Singh vs. Ravindra and Another) as well as judgement and order dated 30.11.2024 passed by Session Judge, Mau in Criminal Revision No. 403 of 2024 (Satyaprakash Singh vs. State of U.P.) District Mau. It has been submitted by learned counsel for the petitioner that the petitioner moved an application dated 24.9.2024 under Section 175(3) of BNSS and the same was treated as a complaint case on 10.10.2024 by the learned Magistrate. It has been submitted that from the contents of the allegations it discloses the commission of the cognizable offence as injuries were caused to the petitioner. Being aggrieved, the petitioner preferred a revision against the said order which was dismissed on 30.11.2024, hence the present petition under Article 227 of the Constitution of India has been preferred. It has been asserted that the learned Magistrate had not considered the material on record and has passed the impugned order without application of mind in a mechanical manner treating it as a complaint case. Per contra, learned AGA for the State has opposed the prayer on the ground that the application moved by the petitioner under Section 175(3) of BNSS has been treated as a complaint case wherein section 225(1) BNSS empowers the Magistrate to make an enquiry or direct an investigation to be made by a police officer. Accordingly, it is hereby directed to the court concerned that in case the matter proceeds as a complaint case, the court shall decide the matter in accordance with the procedure provided under Section 225(1) BNSS. 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