Dismissed¶5

Bhagwati Prasad Mishra v. State of U.P. and 3 Others

Allahabad HC4 Aug 2025A482/40532/2024

Case brief

AI extract

What is this about?

Bhagwati Prasad Mishra v. State of U.P. and 3 others; Application U/S 482 No. 40532 of 2024, Allahabad High Court, Anish Kumar Gupta J., decided 5.8.2025. Section 482 Cr.P.C. quashing petition against ACJM Prayagraj order dated 28.05.2024 in Misc. Case No. 1368 of 2023 under Section 156(3) Cr.P.C. directing the petition to be treated as a complaint; Court found no illegality as no material remained to be collected/recovered by investigating agency; FIR registration direction sought and denied; dismissed.

What did the court decide?

This Court does not find any illegality in the impugned order dated 28.05.2024 whereby the Section 156(3) Cr.P.C. application was directed to be treated as a complaint, as there is no material which is to be collected and recovered by the investigating agency. ¶4

Bhagwati Prasad Mishra Vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

¶1

Neutral Citation No. - 2025:AHC:131704

¶2

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD

¶3

(Sl. No.42)

¶4

Court No. - 78

¶5

Case :- APPLICATION U/S 482 No. - 40532 of 2024

¶6

Applicant :- Bhagwati Prasad Mishra Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sufia Saba,Uzma Mansoori Counsel for Opposite Party :- G.A.

¶7

Hon'ble Anish Kumar Gupta,J.

¶8

Heard Sri Syed Saifullah, Advocate holding brief of Ms. Sufia Saba, learned counsel for the applicant and Sri S.K.Rai, learned AGA for the State.

¶9

The instant application has been filed seeking quashing of the order dated 28.05.2024 passed by the Additional Chief Judicial Magistrate, Court No.8, Prayagraj in Misc. Case No. 1368 of 2023 under Section 156(3) Cr.P.C. as well as for a direction to the trial court to pass appropriate order for registration of first information report by the concerned police station.

¶10

Learned counsel for the applicant submits that he has filed an application under Section 156(3) Cr.P.C., wherein it has been alleged that the opposite parties are using forged signature of the appellant in various proceedings before the courts and other government offices. The details of the proceedings have been given. The applicant is also in possession of the certified copies of the aforesaid documents. In the instant case, the applicant is fully aware about the name of the accused persons. The documents, which are alleged to have been forged and the witnesses are also known to the applicant herein.

¶11

Therefore, this Court does not find any illegality in the impugned order dated 28.05.2024 whereby the application under Section 156(3) Cr.P.C. has been directed to be a complaint as there is no material which is to be collected and recovered by the investigating agency.

¶12

The instant application under Section 482 Cr.P.C. lacks merits and is, accordingly, dismissed.

¶13

Order Date :- 5.8.2025 Ashish Pd.

¶14

(Anish Kumar Gupta,J.)

¶15

Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad

Bhagwati Prasad Mishra v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Bhagwati Prasad Mishra v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases