Judgement Reserved on 08.07.2026 Judgement Delivered on 01.10.2026 HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 48635 of 2025 Court No. - 68 HON'BLE HARVIR SINGH, J. 1. Heard Sri Ronak Chaturvedi, learned counsel for the applicant, Sri Shams Uz Zaman, learned counsel for the opposite party nos.2 and 3 and learned A.G.A. for the State. 2. The instant application U/s 528 BNSS has been filed against the order dated 21.08.2025 passed by the learned Additional Sessions Judge, Fast Track Court No.2, Baghpat in Criminal Revision No.76 of 2025, by which the said Revision No.76 of 2025 was dismissed. 3. The applicant has also challenged the order dated 27.03.2025 passed by the learned Chief Judicial Magistrate, Baghpat, wherein Complaint Case No.7064 of 2022 (Devang Chaudhary Vs. Sohanveer and others), Police Station Baraut, District Baghpat, by which the complaint of the applicant was dismissed under Sections 203 Cr.P.C. 4. Learned counsel for the applicant submits that the complaint of the applicant has been dismissed by the learned C.J.M., Baghpat, without going into the facts and the available evidence on record, inasmuch as there was sufficient evidence on record to direct the concerned police station to lodge the FIR under the relevant sections and investigate the matter. However, the said application was converted into a complaint case, and even after sufficient evidence was brought on record, the said complaint has also been dismissed. The order passed by the learned C.J.M. is illegal, arbitrary, and Versus Counsel for Applicant(s) : Ronak Chaturvedi Counsel for Opposite Party(s) : G.A., Shams Uz Zaman Devank Chaudhary .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) beyond the correct facts and events and, therefore, liable to be quashed and set aside. He further submits that the revision preferred by the applicant before the Court of the learned Additional Sessions Judge has also been dismissed. He further submits that neither the learned CJM nor the learned Additional Sessions Judge has gone into the depth of the case and have ignored the statement of the complainant recorded under Section 200 Cr.P.C., as well as the statements of two other witnesses, CW-1 and CW-2, recorded at the pre-summoning stage. However, ignoring the entire facts and evidence on record, both the learned CJM and the learned Additional Sessions Judge have dismissed the complaint and the revision filed by the applicant, respectively. 5. Learned A.G.A. has opposed the prayer and submitted that the order dated 27.03.2025 passed by the learned CJM and the order dated 21.08.2025 passed by the learned ASJ are in accordance with law and call for no interference by this Court. 6. From the perusal of the entire records, it appears that the complaint filed by the applicant, the statements of complainant recorded under Section 200 Cr.PC. and the statements of other two witnesses recorded under Section 202 Cr.P.C., it can be inferred that initially the father of the complainant allegedly got murdered by one Sohanveer son of Sube Singh and Arjun Singh son of Sohanveer, as a consequence of some conspiracy to eliminate the father of the complainant and ultimately the father of the complainant namely Satyaveer Singh got murdered. 7. The accused persons Sohanveer and others are allegedly enjoying police protection till day. Upon the application of the informant, an inquiry was conducted under the orders of the Deputy Inspector General of Police, Meerut Range, Meerut, by Vandana Mishra, Deputy Superintendent of Police, District Meerut. In this inquiry, the involvement of Sohanveer Singh, Arjun Singh, Smt. Anju, and Ashwani, residents of Elam, was found in the criminal conspiracy to murder Satyaveer Singh, out of greed for his property worth 5–6 crores. But it is alleged that the police, after taking a hefty amount of money, dropped the names of Sohanveer and Arjun Singh from the case and falsely framed/charged his mother and Ashwani, whereas they are completely innocent. To this day, the informant kept trusting the police thinking that the police would conduct a proper investigation into the murder of the informant’s father Satyaveer. NA528 No. 48635 of 2025 2 However, till date, the police have not taken any action against the real accused persons. There is sufficient evidence against Sohanveer and Arjun regarding the conspiracy to murder Satyaveer Singh. Several applications were submitted earlier, by the informant in this regard, and again, an application dated 20.06.2022 was sent via post on 22.06.2022 to the Superintendent of Police, Baghpat, but no action was taken on that either. For this reason, the informant presented a complaint before the learned Magistrate and a prayer was made to summon and punish the accused persons under Sections 120-B, 302, 504, 506 IPC. 8. Having considered the rival contentions and the facts that the investigation was conducted by the then Deputy Superintendent of Police, namely Vandana Mishra, who submitted her report stating therein that the involvement of four accused persons was found. However, the said report was not acted upon for any reasons whatsoever. Besides, the opposite party nos. 2 and 3, i.e. Sohanveer and his son Arjun, got falsely implicated in a case under the Arms Act and had gone behind bars for the relevant period, i.e. for a few days, when the incident of murder of the father of the applicant was committed. Therefore, keeping in view both the facts, i.e. the report of Deputy Superintendent of Police, Vandana Mishra and implication of Sohanveer and Arjun in Arms Act to remain in custody during the relevant period. The learned Judicial Magistrate, Baghpat, shall pass a fresh order. Accordingly, the order of the learned Judicial Magistrate dated 27.03.2025 and the order passed by the learned Additional Sessions Judge, Fast Track Court No. 2, Baghpat, in Revision No. 76 of 2025, both are set aside. The matter is liable to be remitted to the learned Chief Judicial Magistrate, Baghpat/learned Additional Sessions Judge, Fast Track Court No. 2, Baghpat to pass a fresh order in accordance with the points stated above. 9. The application U/s 528 BNSS stands allowed as above. The matter is remitted to the learned Chief Judicial Magistrate, Baghpat/learned Additional Sessions Judge, Fast Track Court No. 2, Baghpat to pass a fresh order in accordance with the points stated above. October 1, 2026 Mini NA528 No. 48635 of 2025 3 (Harvir Singh,J.) Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad