Disposed¶14

Vijandra Kumar Singh v. State of U.P. and 5 Others

Allahabad HC18 Jul 2025A482/29001/2024

Case brief

AI extract

What is this about?

Allahabad High Court; APPLICATION U/S 482 No. 29001 of 2024; Vijandra Kumar Singh v. State of U.P. and 5 others; Nand Prabha Shukla, J.; decided September 12, 2025; Sections 482, 156(3) and 202(1) Cr.P.C.; conversion of Section 156(3) application into complaint case by order dated 04.06.2024 of Judicial Magistrate, Court No. 19, Azamgarh; disposal with direction to follow Section 202(1) Cr.P.C. procedure; Police Station Bardah, District Azamgarh.

What did the court decide?

Prayer to quash not acceded to; application disposed of with the direction that, if the matter proceeds as a complaint case, it be decided in accordance with the procedure under Section 202(1) Cr.P.C. ¶14

Vijandra Kumar Singh vs State of U.P. and 5 Others — Allahabad HC (2025) — LawSathi Research

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD

¶2

APPLICATION U/S 482 No. - 29001 of 2024

¶3

Vijandra Kumar Singh

¶4

	Versus	.....Applicant(s)
State Of U.P. And 5 Others		.....Opposite Party(s)
Counsel for Applicant(s)	: Satya Prakash Singh,	Seema Singh
Counsel for Opposite Party(s)	: G.A.

¶5

Court No. - 78

¶6

HON'BLE NAND PRABHA SHUKLA, J.

¶7

Heard learned counsel for the applicant, learned AGA for the State and perused the record.

¶8

The present application under Section 482 Cr.P.C. has been filed with a prayer to allow this application and to quash the impugned order dated 04.06.2024 passed by Judicial Magistrate, Court No. 19, Azamgarh in Application No. Nil of 2024 (Vijandra Kumar Singh Vs. Surendra Singh and others) under Section 156(3) Cr.P.C., Police Station Bardah, District Azamgarh, pending in the Court of Judicial Magistrate, Court No. 19, Azamgarh.

¶9

It has been submitted by learned counsel for the applicant that an application under Section 156(3) Cr.P.C. was moved by the applicant before Additional Judicial Magistrate, Azamgarh to lodge an FIR against the respondent nos. 2 to 5 but vide order dated 04.06.2024 the same has been registered as a complaint case. It has been submitted that the matter needs to be investigated.

¶10

Per contra, learned AGA for the State has submitted that section 202(1) Cr.P.C. empowers the Magistrate to make an enquiry or direct an investigation to be made by a police officer.

¶11

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 202(1) Cr.P.C.

¶12

A482 No. 29001 of 2024

¶13

¶14

With the aforesaid directions, the application u/s 482 Cr.P.C. is disposed of.

¶15

(Nand Prabha Shukla,J.)

¶16

September 12, 2025

¶17

Puspendra

¶18