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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 16274 of 2024 Court No. - 78 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 482 Cr.P.C. has been filed with a prayer to allow this application and to quash the order dated 15.03.2024 passed by Chief Judicial Magistrate, Kanpur Dehat in Miscellaneous Case No. 199 of 2024 (Munni Devi Vs. Brijesh and others) under Section 156(3) Cr.P.C., Police Station Akbarpur, District Kanpur Dehat, pending in the Court of Chief Judicial Magistrate, Kanpur Dehat by which the application treated as complaint. 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 Chief Judicial Magistrate, Kanpur Dehat to lodge an FIR against the respondent nos. 2 to 6 but vide order dated 15.05.2024 the same has been registered as a complaint case. 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 in accordance with the procedure provided under Section 202(1) Cr.P.C. Versus Counsel for Applicant(s) : Ashutosh Mishra, Shailendra Kumar Ojha Counsel for Opposite Party(s) : G.A. Munni Devi .....Applicant(s) State Of Up And 5 Others .....Opposite Party(s)
With the aforesaid directions, the application u/s 482 Cr.P.C. is disposed of. September 11, 2025 Puspendra A482 No. 16274 of 2024 2 (Nand Prabha Shukla,J.) Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad