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Allahabad High Court

ANEETAversusSTATE OF U.P. AND 5 OTHERS

Decided

Holding

The trial court’s order is set aside and the appeal is allowed, directing a fresh order to register an FIR in compliance with Section 173(4) of the BNSS, 2023.

Summary

The appellant, Aneeta, challenged an order of the trial court dated 30.05.2026 which had treated her application under Section 173(4) of the BNSS, 2023 as a complaint case under Section 223 and failed to register a First Information Report (FIR). The High Court recalled its earlier decision in Criminal Appeal No. 1820 of 2026, which had directed that the matter required an FIR and a proper investigation. Relying on that precedent, the Court held that the trial court erred in classifying the application and consequently set aside the impugned order. The Court directed the trial court to pass a fresh order in accordance with the observations made in the earlier appeal, specifically to register an FIR. Accordingly, the criminal appeal was allowed.

Issues considered

  • Whether the trial court erred in treating an application under Section 173(4) of the BNSS, 2023 as a complaint case under Section 223.
  • Whether a FIR should be registered in the present case as mandated by the earlier judgment.

Legislation cited

Subjects

  • FIR
  • investigation
  • Section 173(4)
  • Section 223
  • criminal appeal
  • order set aside
  • High Court

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD

                 CRIMINAL APPEAL No. - 6961 of 2026

Aneeta
                                                             .....Appellant(s)
                                   Versus
State Of U.P. And 5 Others
                                                           .....Respondent(s)

Counsel for Appellant(s)                     :    Rahul Saxena
Counsel for Respondent(s)                    :    G.A., Kaish Yusuf

Court No. - 90
                     HON'BLE ABDUL SHAHID, J.

1. Heard the learned counsel for the appellant. None is present for opposite
party nos. 2 to 6.

2. At the outset, the learned counsel for the appellant drew the attention of
this Court to the order dated 31.03.2026 passed by this Court in Criminal
Appeal No. 1820 of 2026 (Aneeta v. State of U.P. and five others), relying
on paragraphs 6 and 7, which read as follows:

     "6. Prima facie, it appears that the incident happened and the
     husband as well as Jeth of complainant has also suffered injuries.
     There are allegation as well as supporting medical injuries which
     requires consideration. Hence, impugned order dated 14.1.2026,
     is hereby set aside. Learned trial court is directed to decide the
     application of the appellant, under Section 173(4) of BNSS, 2023
     afresh in accordance with law.

     7. With these observations and findings, this appeal is allowed."

3. The learned counsel for the appellant submitted that despite the specific
order passed by this Court, the learned trial court passed the impugned order
dated 30.05.2026, whereby the application under Section 173(4) of BNSS,
2023 was registered as a complaint case and posted for the recording of
statement/evidence of the complainant under Section 223 of BNSS.

4. The matter pertains to a very grievous and heinous offence that requires
proper investigation and the registration of an FIR. This Court specifically
observed in its order dated 31.03.2026 that the matter requires the
                                                                                              CRLA No. 6961 of 2026
                                                                    2


                                    registration of an FIR, as an investigation is necessitated to uncover the true
                                    facts of the offence.

                                    5. In view thereof, the impugned order dated 30.05.2026 is hereby set aside.
                                    The learned trial court is directed to pass a fresh order in light of the
                                    observations made by this Court in the aforementioned criminal appeal.

                                    6. The criminal appeal is allowed accordingly.

                                    September 29, 2026
                                    K.K. Maurya
                                                                                               (Abdul Shahid,J.)




Digitally signed by :-
KAMLESH KUMAR MAURYA
High Court of Judicature at Allahabad


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