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Neutral Citation No. - 2025:AHC:142723 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 9283 of 2025 Petitioner :- Saifullah Siddique Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- B.N.Singh,Manish Kumar Singh Counsel for Respondent :- G.A.,Maqsood Ahmad Beg Hon'ble Ms. Nand Prabha Shukla,J. Vakalatnama filed by Sri Rajrshi Gupta today in Court on behalf of respondent no. 2, is taken on record. Heard learned counsel for the petitioner, Sri Rajrshi Gupta,
learned counsel for the respondent no. 2, 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:
"a. Set aside the impugned judgment and order dated 15/04/2025 passed by Additional Session Judge, Court No.1, Kanpur Nagar in Criminal Revision No.88/2024, Sifullah Siddique Vs State of U.P. and others, police station Kotwali, district Kanpur Nagar (Annexure No.11). b. Set aside the impugned order dated 18/01/2024 passed by 8th Metropolitan Magistrate, Kanpur Nagar in misc. application no. 1413/2023, Sifullah Siddique Vs Smt. Farren Bano and another, under section 156(3) Cr.P.C. police station Kotwali, district Kanpur Nagar (Annexure No.4). c. Direct to court concerned to decide as fresh to the application dated 02/05/2023 moved by petitioner under section 156(3) Cr.P.C. police station Kotwali, district Kanpur Nagar (Annexure No.3)." 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 18.01.2024. Being aggrieved by the said order, the petitioner preferred a criminal revision before the Additional Sessions Judge, Court No. 01, Kanpur Nagar which was also rejected vide order dated 15.04.2025 and affirmed the order dated 18.01.2024. Considering the aforesaid submission, in case, the petitioner moves a fresh application with complete details for lodging the complaint under section 210 BNSS 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 :- 20.8.2025 Puspendra Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad