- (1.) M. K. Mittal, J. his application has been filed for quashing the orders dated 20. 8. 2007 and 28. 5. 2007 passed by Sessions Judge Gazipur, in Criminal Revision No. 385/07, Smt. Kiran v. State of U. P. and Judicial Magistrate, Saidpur, District Ghazipur in Criminal Misc. ' Case No. 134/ix/07 respectively.
(2.) HEARD Sri Mithilesh Kumar Gupta learned Counsel for the applicant, learned AGA and perused the material on record. The brief facts of the case are that the applicant filed an application under section 156 (3) Cr. P. C. against 7 accused persons. The learned Magistrate by order dated 28th May, 2007 directed that the application be treated as complaint and accordingly fixed 3rd July, 2007 for the statement of the complainant under section 200 Cr. P. C. Against that order the applicant filed a criminal revision in the Court of the Sessions Judge which has been dismissed by order dated 20. 8. 2007. Feeling aggrieved the present application has been filed. The contention of the learned Counsel for the applicant is that the learned Magistrate has erred in directing that the application under section 156 (3) Cr. P. C. be treated as a complaint case. According to him the accused persons had caused injuries to the applicant and in the circumstances the learned Magistrate should have directed for registration and investigation as prima facie case was made out from the allegations made in the application under section 156 (3) Cr. P. C. He has further contended that learned Sessions Judge has erred in rejecting the revision. In support of his contention he also referred the case of Om Singh v. State of U. P. 2007 (57) ACC 521.
(3.) LEARNED Counsel for the State has contended that the learned Magistrate was perfectly justified in directing that the application under section 156 (3) Cr. P. C. be treated as complaint and there is nothing illegal in the impugned orders and the application is liable to be dismissed. He also contended that the case cited by the applicant does not help her. If any application is filed under section 156 (3) Cr. P. C. and a cognizable offence is made out from the allegations made therein the Magistrate empowered under section 190 Cr. P. C can direct for investigation of the case as is done under section 156 (1) Cr. P. C. But in case he finds that there is nothing particular which requires investigation by the police, he can certainly direct that application be treated as complaint and can proceed under Chapter 15 of the Criminal Procedure Code.;