- (1.) Heard Mr. Murli Manohar Srivastava, learned Counsel for the Petitioner as well as Mr. Rajendra Kumar Dwivedi, learned Additional Government Advocate for the State.
(2.) The Petitioner has challenged the order dated 18th of May, 2010, passed by the Additional Chief Judicial Magistrate-V, Court No. 29, Lucknow on Misc. Application No. 58 of 2010, moved under Section 156(3) of the Code of Criminal Procedure, on the ground that the learned Magistrate has wrongly converted the application into complaint as the provisions of Section 156(3) of the Code of Criminal Procedure as well as provisions of Chapter 15 of the Code of Criminal Procedure have no co-relationship to each other, they are different and distinct provisions absolutely providing a different procedure. In support of his submission he placed reliance upon several decisions of this Court as well as the Hon'ble Supreme Court, which are referred to hereunder: (1) Dharmeshbhai Vasudevbhai and Ors. v. State of Gujrat and Ors., 2009 CrLJ 2969. (2) Chandrika Singh v. State of U.P. and Ors.,2007 3 JIC 746. (3) Superintendent of Police, C.B.I. and Ors. v. Tapan Kumar Singh,2003 2 JIG 126. (4) Smt. Santosh Kumari v. State of U.P.,2007 2 JIC 351.
(3.) On the other hand Mr. Rajendra Kumar Dwivedi, learned Additional Government Advocate, appearing on behalf of the State, in support of his argument, has cited the following decisions: (1) Rajendra Singh v. State of U.P. and Ors.,2010 ACC 446R. (2) Sukhwasi son of Hulas v. State of Uttar Pradesh,2007 59 ACC 739. (3) Joseph Mathuri alias Vishveshwarananda and Anr. v. Swami Sachidanand Harisakshi and Anr.,2001 ACC 957. (4) Smt. Mona Panwar v. The Hon'ble High Court of Judicature at Allahabad and Ors. Criminal Appeal No. 298 of 2011, decided on February 02, 2011,;