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Neutral Citation No. - 2025:AHC:142781 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 9309 of 2025 Petitioner :- Mukhtar Ahmad Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Naresh Chandra Tripathi,Suchita Tripathi Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, Sri Kulveer Singh,
learned counsel for the private respondents, 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 and set aside the impugned judgment and
order dated 26.07.2024 (Annexure No. 2) passed by Learned A.C.J.M. Deoband in Misc. Case No. 139 of 2024 filed under Section 156(3) Cr.P.C. by petitioner and also to set-aside the judgment and order dated 03.06.2025 (Annexure No. 4) passed by Additional District and Session Judge, Deoband in Criminal Revision No. 63 of 2024 (Mukhtar Ahmad versus State of U.P. and others). (ii) Issue an order or direction, directing the Police of Police Station Deoband, District Saharanpur to register the First Information Report on the basis of Application dated 05.06.2024 (Annexure No. 1) filed by petitioner before the Court of Additional Chief Judicial Magistrate, District Saharanpur and allow the Misc. Case No. 139 of 2024 filed under Section 156(3) Cr.P.C. by 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 26.07.2024. Being aggrieved by the said order, the petitioner preferred a criminal revision before the learned District and Sessions Judge, Saharanpur which was also rejected vide order dated 03.06.2025 and affirmed the order dated 26.7.2024. 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