Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 12315 of 2024 Petitioner :- Ram Sundar Shukla Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Utkarsha Shukla Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard Sri Utkarsha Shukla, learned counsel for the petitioner, learned AGA 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 appropriate order or direction quashing the impugned order dated 23.8.2024 passed by the Additional Session Judge/Special Judge (MP/MLA) Prayagraj in Criminal Revision No. 130 of 2024 (Ram Sundar Shukla vs. State of U.P.) and impugned order dated 15.3.2024 passed by learned Additional Chief Judicial Magistrate, Court No. 8, Allahabad whereby treating the application filed by petitioner under Section 156(3) Cr.P.C. as Complaint Case. (ii) Issue an appropriate order or direction directing the learned Court below to direct the Station House Officer, Police Station Handia, District Allahabd to lodge a First Information Report against the opposite party nos. 2 and 3 and investigate the matter in accordance with law. (iii) Issue a suitable order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances of present case. (iv) Award cost of the petition to the petitioner." It has been submitted by learned counsel for the petitioner that an application under Section 156 (3) Cr.P.C. was moved by the petitioner before the learned Additional Chief Judicial Magistrate, Court No. 8, Allahabad to lodge an FIR against the respondent nos. 2 and 3 but vide order dated 15.2.2024 the same has been registered as a complaint case. It has been submitted that the matter needs to be investigated. However, the Revisional Court has affirmed the order dated 15.2.2024. Per contra, learned AGA for the State has submitted that section 202(1) Cr.P.C. empowers the Magistrate to make an enquiry or direct an investigation to be made by a police officer. Accordingly, it is hereby directed to the court concerned that in case the matter proceeds as a complaint case, the court shall decide the matter in accordance with the procedure provided under Section 202(1) Cr.P.C.. With the aforesaid directions, the petition is disposed of. Order Date :- 20.5.2025 Puspendra Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad