HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 12135 of 2026 Court No. - 55 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned counsel for petitioner and learned AGA for the State. 2. The petition is filed with the following prayer: "(i) Set-aside the impugned order dated 29.07.2026 passed by Learned Additional Session Judge, Court No.10, Agra in Criminal Revision No.906 of 2024 (Smt. Kiran Devi Vs. State Of U.P. & Another) whereby the learned Additional Session Judge, Court No.10, Agra allowed the revision of the Complainant / Respondent and consequently restore the order dated 28.08.2024 passed by Learned Judicial Magistrate Court no. 1 Agra." 3. It is submitted by learned counsel for petitioner that opposite party no.2 was the tenant and petitioner had lodged a suit for ejection. It is submitted that subsequently complaint has been lodged and the statement has been recorded and the trial court by order dated 28.8.2024 has rejected the complaint on the ground of non appearance of complainant as well as there was no evidence. The revisional court has set aside the order dated 28.8.2024 and has remanded the matter on the ground that after summoning the accused, complaint ought to have been decided on merits and could not have been decided for non prosecution. It is further submitted that the trial court has recorded a finding that there is no material evidence on record. 4. Perusal of order dated 28.8.2024 would go to show that the finding that there is no evidence on record is without application of mind. Neither the records have been discussed in the order. Versus Counsel for Petitioner(s) : Deepak Kumar Kulshrestha Counsel for Respondent(s) : G.A. Bhagwat Singh .....Petitioner(s) State of U.P. and Another .....Respondent(s) 5. It is settled law that the complaint is being decided on merits. The materials ought to have been considered in proper prospective. The revisional court has committed no error in remanding the matter by means of impugned order dated 29.7.2026. 6. In view of aforesaid, the petition lacks merit and is, accordingly, dismissed. September 14, 2026 D. Tamang A227 No. 12135 of 2026 2 (Vikram D. Chauhan,J.) Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad