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2025 DAILYLAW 82397 (ALL)

RAJAT DEEP SINGH BHATIA v. STATE OF U.P. AND ANOTHER

A227/8423/2025 · 2025-08-04

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:131752 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 8423 of 2025 Petitioner :- Rajat Deep Singh Bhatia Respondent :- State of U.P. and Another Counsel for Petitioner :- Rahul Yadav,Vishwadeep Patel 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 present petition under Article 227 of the Constitution of India has been filed with the following prayers: "I. Issue an order or direction for setting aside the order dated 15.05.2025 passed by the 06 Additional District Judge, Muzaffarnagar in Criminal Revision no. 469 of 2024 (Rajatdeep Singh Bhatia Versus Aakash Sharma and another) as well as order dated 12.08.2024 passed by the Civil Judge (Senior Division) in application no. 677/11 of 2024 (Rajatdeep Singh Bhatia Versus Aakash Sharma) with the direction to direct the police officials to investigate the matter and lodge the F.I.R. against the accused Aakash Sharma (respondent no.1) and 2 unknown persons with all its consequential effects II Issue an order or direction against the respondent no.1 to direct the police authority to arrest the respondent no.2 and further investigate the matter so that the justice may be done. III. Issue an order or direction which this Hon'ble Court may deem fit and proper, under the facts and circumstances of the case. IV. Award the cost of the petition to the petitioner" It has been submitted by learned counsel for the petitioner that the petitioner moved an application under Section 156(3) Cr.P.C. to register the First Information Report but the same was treated as a Complaint Case vide order dated 12.08.2024. Being aggrieved by the said order, the petitioner preferred a criminal revision before the Additional District and Sessions Judge which was also rejected vide order dated 15.05.2025. Considering the aforesaid submission, in case, the petitioner moves a fresh application with complete details for lodging the complaint under section 210 BNS 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 an opportunity of hearing to both the parties, if there is no legal impediment. With the aforesaid directions, the petition is disposed of. Order Date :- 5.8.2025 Puspendra Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad