HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 10401 of 2026 Court No. - 55 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned counsel for the petitioner, learned counsel for respondent no. 2 and learned A.G.A. for the State. 2. The petition is filed with the following prayers:- "I. To set aside the impugned order dated 18.02.2026 passed by the learned Court of Second Additional Session Judge, Gautam Buddh Nagar, in Criminal Revision No. 221 of 2019 (Aadhar Construction Company Vs. State of U.P. and another). (Annexure No. 8 with this petition) II. To set aside the impugned order dated 23.07.2019 passed by the learned Court of Additional Court No. 1, Gautam Buddh Nagar in Complaint Case No. 391 of 2016 (Bhardwaj Builders Vs Aadhar Construction Company), related to Police Station Sector 39, Noida, District Gautam Buddh Nagar, Whereby the learned Court of Additional Court No. 1, Gautam Buddh Nagar has dismissed the application dated 11.06.2018 of the petitioner (Annexure No. 6 with this petition)." 3. Learned counsel for the petitioner submits that petitioner is the accused. Initially complaint was filed on behalf of Bhardwaj Builders by one Brijesh Kumar. Subsequently an application was filed by one Ishwar Chand Sharma that he is the proprietor of Bhardwaj Builders and as such he may be permitted to pursue the case and Brijesh Kumar was the servant who has left the job. Learned counsel for the petitioner further Versus Counsel for Petitioner(s) : Abou Sofian Usmani, Meraj Khan, Sunil Kumar Singh Counsel for Respondent(s) : Gopal Srivastava Aadhar Construction Company .....Petitioner(s) State of U.P. and Another .....Respondent(s) submits that petitioner filed an application under Section 258 of Cr.P.C. for stopping the proceedings on the ground that original proprietor has abandoned the proceedings and as such the proceedings cannot be proceeded with. 4. Section 258 of Cr.P.C. is quoted hereinbelow:- "258. Power to stop proceedings in certain cases. - In any summons-case instituted otherwise than upon complaint, a Magistrate of the first class or, with the previous sanction of the Chief Judicial Magistrate, any other Judicial Magistrate, may, for reasons to be recorded by him, stop the proceedings at any stage without pronouncing any judgment and where such stoppage of proceedings is made after the evidence of the principal witnesses has been recorded, pronounce a judgment of acquittal, and in any other case, release the accused, and such release shall have the effect of discharge." 5. A perusal of aforesaid section would go to show that same is applicable in respect of summons case instituted otherwise than upon complaint. The revisional court has rejected the contention of the petitioner with regard to applicability of Section 258 Cr.P.C. on the ground that Section 258 Cr.P.C. is not applicable to complaint case. This Court does not find any error in the view taken by the revisional court. Therefore, no interference is warranted. However, considering the fact that complaint was filed in the year 2003 and the same is pending, the trial court is directed to proceed with the complaint case and conclude the proceedings within a period of six months without giving any adjournment to the parties. 6. With the aforesaid observation/direction, the petition is disposed of. September 29, 2026 VMA A227 No. 10401 of 2026 2 (Vikram D. Chauhan,J.) Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad