Jitendra Kumar Shukla vs State of U.P. and 9 Others — Allahabad HC (2025) — LawSathi Research

Jitendra Kumar Shukla vs State of U.P. and 9 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions only: last opportunity granted to learned AGA to file counter affidavit within one month, failing which the Court shall proceed to finally dispose of the revision taking note of submissions; matter to be put up as fresh on 27.01.2026 before appropriate Bench.

Issue for consideration

Whether the order dated 12.02.2024 directing that the application filed under Section 156(3) CrPC be registered as a complaint case (instead of directing registration of an FIR) is sustainable. +1 more

Court's answer

On a perusal of the application under Section 156(3) CrPC, which discloses a chain of events in the commission of the alleged offence(s), the submissions advanced against the impugned order prima facie appear to have force. This is a provisional prima facie observation in an interim order; no final determination was made.

Key takeaways

While there is no dispute that the Magistrate may either direct registration of FIR on an application under Section 156(3) CrPC or treat it as a complaint case, the question before the revisional court is to test the correctness, validity or propriety of the impugned order in exercise of revisional power under Sections 397/401 CrPC in the facts and circumstances of the particular case.obiter¶¶16

Detailed headnote1 paragraphs

Allahabad High Court (Kshitij Shailendra, J., Court No. 76), Criminal Revision No. 2394 of 2024 — interim order dated December 17, 2025 in the revision by Jitendra Kumar Shukla v. State of U.P. and 9 others, challenging the order dated 12.02.2024 whereby his application under Section 156(3) CrPC was directed to be registered as a complaint case rather than an FIR being registered. The Court observed that the application discloses a chain of events in the commission of the alleged offence(s) and that, prima facie, the submission that mere knowledge of the accused's names and of the date, time and place of the incident cannot by itself be a ground to deny FIR registration appeared to have force. It noted that although the Magistrate may either direct FIR registration or treat the application as a complaint case, the revisional court tests the correctness, validity or propriety of the impugned order under Sections 397/401 CrPC. Last opportunity was given to the learned AGA to file the counter affidavit within one month, failing which the revision would be finally disposed of; the matter was listed fresh for 27.01.2026. No precedent was cited and no final determination was made.

HIGH COURT OF JUDICATURE AT ALLAHABAD

CRIMINAL REVISION No. - 2394 of 2024

Jitendra Kumar Shukla

.....Revisionist(s)

Versus
State Of U.P. And 9 Others	.....Opposite Party(s)
Counsel for Revisionist(s)	: R.V. Pandey
Counsel for Opposite Party(s)	: G.A.

Court No. - 76

HON'BLE KSHITIJ SHAILENDRA, J.

By order dated 14.10.2025 the appeal was admitted and, while issuing notice to opposite party nos. 2 to 10, State was granted time for filing counter affidavit.

No counter affidavit has been filed on behalf of the State and in view of office report dated 16.12.2025, service of notice upon opposite party nos. 2 to 10 is held to be sufficient.

By means of this revision, order dated 12.02.2024 has been challenged whereby the application filed under Section 156(3) CrPC has been directed to be registered as a complaint case.

Submission is that complaint reveals commission of cognizable offence and, therefore, simply because the applicant was aware of the name of the accused persons/ private parties as well as date, time and place of the incident, the same, in itself, cannot be a ground to deny registration of FIR and, therefore, the order impugned is unsustainable.

A perusal of the application under Section 156(3) CrPC discloses chain of events in commission of alleged offence(s) and in view thereof, prima facie , submissions advanced appear to have force.

Though there is no dispute about the power of Magistrate either to direct registration of FIR on an application under Section 156(3) CrPC or to treat the same as a complaint case, the question before the revisional

CRLR No. 2394 of 2024

2

court is always to test correctness, validity or propriety or order impugned, in exercise of revisional power under Section 397/401 CrPC in facts and circumstances of a particular case.

Last opportunity is granted to learned AGA to file counter affidavit within a period of one month from today, failing which, the Court shall proceed to finally dispose of the instant revision taking note of the submissions made today and those which may be advanced on the next date.

Put up as fresh on 27.01.2026 before appropriate Bench.

(Kshitij Shailendra,J.)

December 17, 2025

AKShukla/-

Digitally signed by :- ANIL KUMAR SHUKLA High Court of Judicature at Allahabad