- (1.) The petitioner has approached this Court invoking its supervisory jurisdiction under Article 227 of the Constitution, challenging the order dated 2.1.2015 passed by learned Magistrate in Case No.662 of 2014, whereby application filed by the petitioner under Section 156 (3) Cr.P.C. was registered as a complaint and the petitioner has been directed to examine himself under Section 200 Cr.P.C., as well as the order dated 9.6.2015 passed by Additional Sessions Judge, Court No.1, Jaunpur dismissing the revision.
(2.) It transpires from the record that the petitioner filed an application under Section 156 (3) Cr.P.C. before the learned Magistrate. In the complaint, the allegation against three accused persons was that on 4.12.2014 at 7.30 in the morning they came to his house and abused him and his family members and also set the Chappar on fire. The learned Magistrate, relying on a judgment of this Court in the case of Sukhwasi Lal Vs. State of U.P. in Criminal Revision No.9297 of 2007, registered the application as a complaint case and required the petitioner to examine himself in support of the complaint. The revisional court has affirmed the order of the learned Magistrate.
(3.) A perusal of the application under Section 156 (3) Cr.P.C. reveals that all the facts stated therein are within the personal knowledge of the petitioner. The accused persons have been named in the application. In such view of the matter, the learned Magistrate and the revisional court have rightly come to the conclusion that the matter can be proceeded by treating the application as a complaint.;