Disposed¶15

Rajendra Kumar Singh v. State of U.P. and 4 Others

Allahabad HC1 Dec 2025NA528/38842/2025

Case brief

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What is this about?

Keywords: Section 528 BNSS; Section 225 B.N.S.S.; Section 156(3) Cr.P.C.; Section 203 Cr.P.C.; complaint case; direction for inquiry/investigation; Additional Sessions Judge/Special Judge (D.A.A. Act), Mahoba; Complaint Case No. 32 of 2023; Rajendra Kumar Singh v. State of U.P. and 4 others; Allahabad High Court; Nand Prabha Shukla, J.; December 1, 2025; NA528 No. 38842 of 2025.

What did the court decide?

Application disposed of with a direction to the court concerned that if the matter proceeds as a complaint case, it shall be decided strictly in accordance with the procedure under Section 225 B.N.S.S. after making necessary inquiry/investigation. ¶15

Rajendra Kumar Singh vs State of U.P. and 4 Others — Allahabad HC (2025) — LawSathi Research

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38842 of 2025

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Rajendra Kumar Singh

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Versus	.....Applicant(s)
State Of U.P. And 4 Others	.....Opposite Party(s)
Counsel for Applicant(s)	: Anil Kumar Singh
Counsel for Opposite Party(s)	: G.A.

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Court No. - 80

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HON'BLE NAND PRABHA SHUKLA, J.

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Sri Rajveer Chaurasiya, learned counsel has filed his Power on behalf of opposite party Nos. 2 to 5 which is taken on record.

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Heard learned counsel for the applicant, learned counsel for the opposite party Nos. 2 to 5, learned A.G.A. for the State and perused the record.

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The present application under Section 528 BNSS has been filed with a prayer to allow the present application and set aside the order dated 09.08.2024 passed by the learned Additional Sessions Judge, Court No. 1/Special Judge (D.A.A. Act), Mahoba in Complaint Case No. 32 of 2023 (Computer No. 672 of 2023) (Rajendra Kumar Vs. Arjun Singh and others) under Section 203 of Cr.P.C., Police Station-Khanna, District-Mahoba.

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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 the learned Sessions Judge but vide order dated 05.10.2023 the same has been registered as a complaint case. It has been submitted that the matter needs to be investigated.

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Per contra, learned A.G.A. for the State has submitted that section 225 B.N.S.S. empowers the Magistrate to make an enquiry or direct an investigation to be made by a police officer.

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Accordingly, it is hereby directed to the court concerned that in

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NA528 No. 38842 of 2025

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case the matter proceeds as a complaint case, the court shall decide the matter strictly in accordance with the procedure provided under Section 225 B.N.S.S. after making necessary inquiry/investigation.

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With the aforesaid direction, the application u/s 528 BNSS is disposed of.

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December 1, 2025 Shivani

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(Nand Prabha Shukla,J.)

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Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad

Rajendra Kumar Singh v. State of U.P. and 4 Others

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Rajendra Kumar Singh v. State of U.P. and 4 Others

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