Satya Prakash Singh Vs State of U.P. and 5 Others — Writ and Judicial Review | Allahabad HC (2025)

Satya Prakash Singh Vs State of U.P. and 5 Others — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of with a direction to the court concerned that, in case the matter proceeds as a complaint case, it shall be decided in accordance with the procedure under Section 225(1) BNSS; neither impugned order was set aside or quashed.

Issue for consideration

Whether the petitioner's application dated 24.9.2024 under Section 175(3) of BNSS — alleged to disclose the commission of a cognizable offence as injuries were caused to the petitioner — was wrongly treated as a complaint case by the learned Magistrate without considering the material on record.

Court's answer

It is 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 225(1) BNSS.

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 81), Matter under Article 227 No. - 616 of 2025, Order Date 23.5.2025, single bench of Hon'ble Ms. Nand Prabha Shukla, J. Petitioner Satya Prakash Singh (counsel Amrish Tiwari) sought to set aside (i) the judgement and order dated 10.10.2024 of the Chief Judicial Magistrate, Mau in Misc. Application No. 1006 of 2024 (Satyaprakash Singh vs. Ravindra and Another), whereby his application dated 24.9.2024 under Section 175(3) of BNSS — asserted to disclose commission of a cognizable offence as injuries were caused — was treated as a complaint case, and (ii) the judgement and order dated 30.11.2024 of the Session Judge, Mau dismissing his revision (Criminal Revision No. 403 of 2024, Satyaprakash Singh vs. State of U.P.). The learned AGA opposed, submitting that section 225(1) BNSS empowers the Magistrate to make an enquiry or direct investigation by a police officer. The bench did not adjudicate the cognizance question; it disposed of the petition directing that, should the matter proceed as a complaint case, the court concerned decide it in accordance with the procedure under Section 225(1) BNSS. Disposition: disposed; no monetary amount involved; no precedent cited or engaged.

Court No. - 81

Case :- MATTERS UNDER ARTICLE 227 No. - 616 of 2025

Petitioner :- Satya Prakash Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Amrish Tiwari Counsel for Respondent :- G.A.

Hon'ble Ms. Nand Prabha Shukla,J.

Heard 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 a prayer to set aside the impugned judgement and order dated 10.10.2024 passed by Chief Judicial Magistrate, Mau in Misc. Application No. 1006 of 2024 (Satyaprakash Singh vs. Ravindra and Another) as well as judgement and order dated 30.11.2024 passed by Session Judge, Mau in Criminal Revision No. 403 of 2024 (Satyaprakash Singh vs. State of U.P.) District Mau.

It has been submitted by learned counsel for the petitioner that the petitioner moved an application dated 24.9.2024 under Section 175(3) of BNSS and the same was treated as a complaint case on 10.10.2024 by the learned Magistrate. It has been submitted that from the contents of the allegations it discloses the commission of the cognizable offence as injuries were caused to the petitioner.

Being aggrieved, the petitioner preferred a revision against the said order which was dismissed on 30.11.2024, hence the present petition under Article 227 of the Constitution of India has been preferred.

It has been asserted that the learned Magistrate had not considered the material on record and has passed the impugned order without application of mind in a mechanical manner treating it as a complaint case.

Per contra, learned AGA for the State has opposed the prayer on the ground that the application moved by the petitioner under Section 175(3) of BNSS has been treated as a complaint case wherein section 225(1) BNSS 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 225(1) BNSS.

With the aforesaid direction, the petition is disposed of.

Order Date :- 23.5.2025 Puspendra

Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad