ORAL ORDER

1. The petitioner had filed a private complaint under Section 200 Code of Criminal Procedure (for short 'Cr.P.C.'), registered for the offence punishable under Sections 420, 423, 406, 465, 468, 469, 384 read with Section 120B of Indian Penal Code (for short 'IPC').

2. Initially, Trial Court refused to refer the complaint for investigation under Section 156(3) of Cr.P.C., citing that the complaint was filed contrary to the guidelines issued by the Hon'ble Apex Court in the case of Priyanka Srivastava and Another vs. State of Uttar Pradesh and Others, [(2015) 6 SCC 287]

3. This Court vide order dated 01.02.2023 in Crl.P.No.790/2023 directed the Trial Court to reconsider the matter afresh either to refer the same to the Police under Section 156(3) of Cr.P.C or to take cognizance by recording sworn statement by conducting an enquiry under section 202 of Cr.P.C.

4. Following order passed by this Court, the petitioner sworn statement of the petitioner was recorded and documents were marked to substantiate allegations against the accused. The Trial Court passed the impugned order stating that a clarification is required with regard to Section 223 of BNSS, 2023 as to whether opport