Neutral Citation No. - 2025:AHC:66742 Court No. - 87 Case :- APPLICATION U/S 482 No. - 27990 of 2024 Applicant :- Anil Ahirwar Opposite Party :- State Of Up And 6 Others Counsel for Applicant :- Ravikant Shukla Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Sri Ravikant Shukla, learned counsel for the applicant, Sri Jyoti Singh, learned Additional Government Advocate for the State-O.P. no.1 and perused the record. 2. The instant application under Section 482 Cr.P.C. has been filed to set aside the order dated 28.02.2024 passed by the learned Special Judge, S.C./S.T. Act, Jhansi, whereby the application moved by the applicant under Section 156(3) Cr.P.C. in Crl. Misc. Application No. 27 of 2024 (Anil Ahirwar vs. Dharmendra Gupta and others), Police Station–Babina, District–Jhansi, was treated as a complaint. 3. It is the case of the applicant that he had lodged a serious allegation against the opposite party nos. 2 to 7 regarding non- allotment of a plot after receiving a cheque as guarantee and subsequent assault (Maar-peet) on 28.12.2023. Despite filing complaints before the police and the Superintendent of Police, no F.I.R. was registered. Thereafter, an application under Section 156(3) Cr.P.C. was moved, which the Magistrate treated as a complaint case, allegedly without application of judicial mind. 4. Learned counsel for the applicant submits that the allegations are of a cognizable nature and the Magistrate ought to have directed the registration of an F.I.R. and investigation by the police instead of treating it as a complaint. 5. Per contra, learned A.G.A. has supported the impugned order and submits that the Magistrate has full discretion to either direct investigation or treat the application as a complaint, depending upon the facts and circumstances of the case. The impugned order does not suffer from any illegality or arbitrariness. 6.Upon perusal of the order dated 28.02.2024, it is clear that the learned Magistrate, after considering the nature of allegations and material on record, exercised his discretion in treating the application under Section 156(3) Cr.P.C. as a complaint. This Court does not find any material irregularity or perversity in the order dated 28.02.2024 warranting interference under Section 482 Cr.P.C. 7. Hence, the instant application cannot be entertained and is, accordingly, dismissed. Order Date :- 29.4.2025 pks Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad