- (1.) HEARD learned counsel for the petitioner, learned AGA and the learned counsel for the opposite parties no. 4 to 6.
(2.) THIS writ petition has been filed by the petitioner challenging the order dated 18.11.2013 passed by District and Sessions Judge, Pratapgarh in Criminal Revision No.145 of 2013, whereby the order passed by the Chief Judicial Magistrate, Pratapgarh in Case No.2445 of 2013 (Sadhna Devi vs. Ganga Prasad Giri) treating the application moved under section 156 (3) Cr.P.C. as complaint case, was upheld.
(3.) LEARNED counsel for the petitioner submitted that the petitioner is a women and she cannot contest the complaint case. It was further submitted that the order passed by both the courts are erroneous and perverse. Learned counsel for the opposite parties No.4, 5, and 6 submitted that both the the courts below has passed the just and legal order as the Magistrate can pass orders treating the application under section 156 (3) Cr. P.C. to be tried as complaint case.;