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Neutral Citation No. - 2025:AHC:20073 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 15676 of 2024 Petitioner :- Amit Kumar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Anil Kumar,Ram Raj Prajapati Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard learned counsel for the petitioner and learned A.G.A. for the State.
2. The instant petition under Article 227 of the Constitution of India has been preferred for challenging the order dated 07.02.2024 passed by learned Chief Judicial Magistrate, Court No.11, Jaunpur in Misc. Case No.1099 of 2023 (Amit Kumar vs. Nema Devi) through which application under section 156(3) preferred on behalf of the petitioner/informant has been treated as compliant case as well as order dated 01.10.2024 passed by learned Additional Session Judge 4th, Jaunpur in Criminal Revision No.70 of 2024 (Amit Kumar vs. State of U.P. and Others), through which order dated 07.02.2024 has been upheld.
3. Learned counsel for the petitioner submitted that the order through which application under section 156(3) Cr.P.C. has been treated as complaint case is illegal and against the law and the same has been put under challenge while preferring criminal revision, but the same was also dismissed on illegal grounds and as such the impugned orders are liable to be set-aside.
4. Per contra, learned A.G.A. vehemently opposed the prayer as made in the petition and rebutted the stand taken up by learned counsel for the petitioner by way of supporting the judgements passed by learned Chief Judicial Magistrate, Court No.11, Jaunpur and learned revisional court.
5. After hearing the rival submissions extended by learned counsel for the parties and by bare perusal of record, it is crystal clear that no prejudice has been caused to the petitioner by way of treating the application under section 156(3) Cr.P.C. as a complaint case.
6. In view of the above, this petition lacks merit and is hereby dismissed. Order Date :- 11.2.2025/Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad