Dinesh Gupta v. State of U.P. and 11 Others
Case brief
What is this about?
Allahabad HC, Article 227 petition No. 2636/2025 (decided 19.3.2025, Nand Prabha Shukla J.) by Dinesh Gupta vs State of U.P. & 11 others; sought setting aside of orders dt. 23.08.2024 (Misc. Case No. 2253 of 2024, Civil Judge (S.D.)/Iind ACJM Gorakhpur — application u/s 175 (3) B.N.S.S. treated as complaint case) and dt. 08.01.2025 (Criminal Revision No. 261 of 2024, AD& SJ/Special Judge (Bhrastachar Nivaran Adhiniyam) Court No. 4, Gorakhpur — revision dismissed) and FIR registration by S.H.O.; petition disposed of with direction that complaint case, if proceeded with, be decided after necessary inquiry per procedure under section 225 of B.N.S.S.; no FIR direction issued; counsel: Akhilesh Kumar Mishra, Brijendra Bhushan Dhar Dubey; G.A. for State.
What did the court decide?
Petition disposed of with observations: if the matter proceeds as a complaint case, the court concerned is to decide it after making necessary inquiry as per the procedure under section 225 of B.N.S.S. The prayers to set aside the orders dated 23.08.2024 and 08.01.2025 and to direct the S.H.O. to register an FIR were not given effect to.