- (1.) K. N. Sinha, J. The present application has been filed against the order dated 19-4-2003 passed by the Chief Judicial Magistrate, Bhadohi whereby he directed to register the application under Section 156 (3), Cr. P. C. as complaint.
(2.) THE brief fact giving rise to this application is that an application under Section 156 (3), Cr. P. C. was moved by applicant for registration of the case and investigation. THE CJM Bhadohi ordered for registering the case as a complaint case. The learned Counsel for the appellant has submitted that the procedure of complaint case and application under Section 156 (3), Cr. P. C. is quite different and the CJM Bhadohi has without earning for this, passed the impugned order. In support of the contention he has relied upon two case law. Being aggrieved by the said order the present application has been filed.
(3.) I have heard learned Counsel for the appellant and learned AGA and also perused the impugned order. In the case of Mahboob Ali v. State of U. P. and others, reported in 2001 (1) JIC page 470, Alld. it has been held that the scope of application under Section 156 (3), Cr. PC. and that of complaint are different. The facts of the case referred to in the case of Mahboob Ali (supra) are similar to those of the present case. In that too the applicant had moved an application under Section 156 (3), Cr. P. C. which was ordered to be registered as a complaint.;