Neutral Citation No. - 2025:AHC:64739 Court No. - 87 Case :- APPLICATION U/S 482 No. - 28203 of 2024 Applicant :- Girija Prasad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Pandey,Giri Ram Rawat,Indra Deo Mishra,Shri Ram (Rawat) Counsel for Opposite Party :- G.A.,Rajiv Kumar Mishra Hon'ble Prashant Kumar,J. 1. Heard Sri Indra Deo Mishra, learned counsel for the applicant and Sri N.K. Upadhyay, learned A.G.A. representing the State-O.P. No.1 and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed by the applicant praying for quashing order dated 26.07.2024 passed by Additional Sessions Judge, Court No.3, Azamgarh in Criminal Revision No.98 of 2023 (Umakant Shukla vs. State and others) and also to quash order dated 26.11.2022 passed by Judicial Magistrate, Court no.26, Azamgarh in Crl. Misc. Case No.99 of 2022 u/s 156(3) Cr.P.C. relating to P.S. Ataraulia, District-Azamgarh. 3. Learned counsel for the applicant submitted that O.P. no.2 filed an application u/s 156(3) Cr.P.C. before the court below on 13.07.2022 with an allegation against three accused persons including the present applicant that they have executed a forged sale deed. Thereafter, vide order dated 26.11.2022 the court below has treated the application u/s 156(3) Cr.P.C. as a complaint case. He further submitted that aggrieved with order dated 26.11.2022, the applicant has preferred Criminal Revision No.98 of 2023 which has been allowed but the matter has been remanded to the court below for afresh decision after affording opportunity of hearing to the concerned parties. Learned counsel for the applicant submitted that the courts below have failed to appreciate the fact that the dispute between the parties is purely civil in nature, which has been given criminal colour by O.P. no.2 by filing application u/s 156(3) Cr.P.C. He further submitted that the court below has committed error in treating the same as a complaint case and proceeding with the matter. He further submitted that the instant criminal proceedings initiated by O.P. no.2 is nothing but pure abuse of process of law and the same is liable to be quashed outrightly. 4. Per contra, learned A.G.A. has strongly opposed the instant application and submitted that the orders passed by both the courts below suffers from no illegality, impropriety or infirmity so as to warrant any interference by this Court. He next submitted that the order passed by the revisional court is a reasoned and speaking order as while allowing the revision of the applicant, the court has remanded the matter to the trial court for decision afresh after affording opportunity of hearing to the concerned parties. 5. Having heard rival submissions advanced by learned counsel for the parties and after going through the record, I am of the firm view that there is no illegality, infirmity or impropriety in the order passed by the revisional court whereby the matter has been remanded back to the trial court for decision afresh. This application appears to be bereft of merits. 6. Accordingly, the instant application stands dismissed. Order Date :- 28.4.2025 Manish Himwan Digitally signed by :- MANISH HIMWAN High Court of Judicature at Allahabad