- (1.) Heard Mr. Om Prakash Vishwakarma, learned counsel for the applicant, and the learned A.G.A. for the State.
(2.) This application under Section 482 Cr.P.C. has been filed challenging the order dated 30.10.2019, passed by the Special Judge, S.C./S.T (Prevention of Atrocities) Act, Jaunpur in Misc. Case No. 117 of 2019 (Geeta Devi vs. Satya Narayan and others), under Section 156(3) Cr.P.C., Police Station-Sikrara, District-Jaunpur by which the application under Section 156(3) Cr.P.C. filed by the applicant has been directed to be treated as complaint case.
(3.) Learned counsel for the applicant submits that a perusal of the complaint filed by the applicant clearly discloses the commission of a cognizable offence. He, therefore, submits that once the application filed by the applicant under Section 156 (3) Cr.P.C. disclosed the commission of a cognizable offence, the Magistrate has erred in law in directing to proceed with the application as a complaint case. He further submits that the right and interest of the applicant is involved in the present case as the property of applicant has been looted. The learned counsel for the applicant has contended with vehemence that the court below has passed the impugned order in a mechanical manner and has ignored the judgement of the Apex Court rendered in the case of Lalita Kumari Vs. Government of U.P. and others reported in 2014 (2) SCC 1.;