- (1.) Heard, the learned counsel for the applicant, the learned AGA for the State and perused the record.
(2.) The instant application has been filed by the applicant with a prayer for quashing the order dated 24.8.2011, passed by Chief Judicial Magistrate, Kushinagar in Misc. Application No.1104 of 2011, whereby the application moved under Section 156(3) Cr.P.C. by the applicant was treated as complaint. A further prayer has been made to direct the court below to proceed with the matter a fresh after looking into the evidence on record.
(3.) It is contended by the learned counsel for the applicant that the Magistrate has not looked into the allegations made in the application that four persons sustained injuries and the applicant belonging to S.C./S.T. category. Instead of directing the police to register and investigate the case against the accused persons the learned Magistrate has treated the said application as a complaint and directed the applicant to record his statement under Section 200 Cr.P.C, whereas the matter requires investigation.;