Pratap Singh Rana vs State of U.P. and 8 Others — Allahabad HC (2025) — LawSathi Research

Pratap Singh Rana vs State of U.P. and 8 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with the direction (para 16) that, if the matter proceeds as a complaint case, the Trial Court shall decide it strictly per Section 202(1) Cr.P.C. procedure after necessary enquiry/investigation; no quashing of the two orders was ordered and no direction to lodge an FIR was given.

Issue for consideration

Whether the order dated 07.08.2023 of the Civil Judge (Senior Division)/Fast Track Court, Baghpat registering the applicant's Section 156(3) Cr.P.C. application as a complaint case, along with the revisional order dated 27.08.2025 affirming it, should be quashed (as prayed by the applicant). +1 more

Ratio / Principle

If the matter proceeds as a complaint case, the court concerned shall decide it strictly in accordance with the procedure provided under Section 202(1) Cr.P.C., after making the necessary enquiry/investigation.

Detailed headnote1 paragraphs

Allahabad High Court (Nand Prabha Shukla, J.; decided November 6, 2025) disposed of Application U/S 528 BNSS No. 41826 of 2025 filed by Pratap Singh Rana against the State of U.P. and 8 others. The applicant sought (i) quashing of the order dated 07.08.2023 of the Civil Judge (Senior Division)/Fast Track Court, Baghpat in application no. 12 of 2023, whereby his application under Section 156(3) Cr.P.C. praying for an FIR against opposite party nos. 2 to 9 was registered as a complaint case; (ii) quashing of the Revisional Order dated 27.08.2025 of the Additional Sessions' Judge/Special Judge SC/ST Act, Baghpat in Criminal Revision No. 186 of 2023, by which his revision was dismissed and the order dated 07.08.2023 was affirmed; and (iii) a direction to lodge an FIR against opposite party nos. 2 to 9. Disposing of the application, the Court directed the court concerned that if the matter proceeds as a complaint case, it shall be decided strictly in accordance with the procedure provided under Section 202(1) Cr.P.C. after making the necessary enquiry/investigation.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 41826 of 2025

Pratap Singh Rana

.....Applicant(s)

	Versus
State Of U.P. And 8 Others	.....Opposite Party(s)
Counsel for Applicant(s)	: Ashutosh Singh, Shweta Gupta
Counsel for Opposite Party(s)	: G.A.

Court No. - 80

HON'BLE NAND PRABHA SHUKLA, J.

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

The present application under Section 528 B.N.S.S. has been filed with a prayer to allow this application and to quash the order dated 07.08.2023 passed by Civil Judge (Senior Division)/Fast Track Court, Baghpat in application no. 12 of 2023 (Pratap Singh vs. Nischay Rana & Others) along with the Revisional Order dated 27.08.2025 passed by the court of Additional Sessions' Judge/Special Judge SC/ST Act, Baghpat in Criminal Revision No. 186 of 2023 (Pratap Singh Rana vs. Nischay Rana & Others) also impugned order in this application and further also it is prayed to this Hon'ble Court to direct the learned Trial Court alongwith the police authorities to lodge a First Information Report against the opposite party nos. 2 to 9 of the present application.

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 Civil Judge (Senior Division)/Fast Track Court, Baghpat to lodge an FIR against the opposite party nos. 2 to 9 but vide order dated 07.08.2023 the same has been registered as a complaint case.

Being aggrieved by the aforesaid order, the applicant preferred criminal revision before the District and Sessions Judge, Baghpat and the same has also been dismissed by learned Additional Sessions Judge/Special Judge, SC/ST Act, Baghpat vide order dated 27.08.2025 and the order dated

NA528 No. 41826 of 2025

2

07.08.2023 passed by Civil Judge (Senior Divison)/Fast Track, Baghpat has been affirmed. It has been submitted that the matter needs to be investigated.

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.

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 strictly in accordance with the procedure provided under Section 202(1) Cr.P.C. after making necessary enquiry/investigation.

With the aforesaid directions, the application u/s 528 B.N.S.S. is disposed of.

(Nand Prabha Shukla,J.)

November 6, 2025 Puspendra

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