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Harsh Prakash Srivastava v. State of U.P. and 4 Others

BNSS S.528 – Quashing

Allahabad HC10 Nov 2025NA528/42538/2025

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What is this about?

Allahabad High Court, Application U/S 528 BNSS No. 42538 of 2025 (NA528), decided November 10, 2025, Coram: Nand Prabha Shukla, J. Harsh Prakash Srivastava v. State of U.P. and 4 others. Challenge to order dated 02.05.2024 of Additional Civil Judge (S.D.), Court No. 4, Varanasi treating a Section 156(3) Cr.P.C. application as a complaint case. Court directed that, if proceeded as complaint case, the matter be decided strictly per Section 202(1) Cr.P.C. procedure after necessary enquiry/investigation; petition disposed of.

What did the court decide?

Petition disposed of with a direction to the court concerned that, if the matter proceeds as a complaint case, it be decided strictly in accordance with the procedure under Section 202(1) Cr.P.C. after making necessary enquiry/investigation. ¶12

Harsh Prakash Srivastava 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. - 42538 of 2025

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Versus Harsh Prakash Srivastava .....Applicant(s)
State Of U.P. And 4 Others .....Opposite Party(s)
Counsel for Applicant(s) : Ashwini Kumar, Ganesh Shanker Srivastava
Counsel for Opposite Party(s) : G.A.
Court No.- 80

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HON'BLE NAND PRABHA SHUKLA, J.

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Heard learned counsel for the applicant, 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 quash the order dated 02.05.2024 passed by Additional Civil Judge (S.D.), Court No. 4, Varanasi in Application No. 899 of 2024 (Harsh Prakash Srivastava v. Harsh Yadav and others), Police Station-Chitaipur, Varanasi.

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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 but Additional Civil Judge,Varanasi has treated the application as the complaint case.

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Per contra, learned A.G.A. 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.

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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

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NA528 No. 42538 of 2025

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enquiry/investigation.

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With the aforesaid direction, the petition is disposed of.

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November 10, 2025

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Aditya Tripathi

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