Rajeev Misra, J. - (1.) Heard learned counsel for the applicants and the learned A.G.A. for the State.
(2.) This application under section 482, Cr. P. C. has been filed challenging the impugned order dated 23.4.2018 passed by the Chief Judicial Magistrate, Gautam Budh Nagar in Application No. 154 of 2018 under section 156 (3), Cr. P. C. (Sher Singh v. Babita and others).
(3.) Learned counsel for the applicant submits that a perusal of the complaint filed by the applicant clearly discloses the commission of a cognizable offence. He, therefore, submits that once the application filed by the applicant under Section 156 (3), Cr.P.C. disclosed the commission of a cognizable offence, the Magistrate has erred in law in directing to proceed with application as a complaint case. He further submits that in the case in hand the death of the mother of the applicant is involved. The learned counsel for the applicant has contended with vehemence that the court below has passed the impugned order in a mechanical manner and has ignored the judgment of the Apex Court rendered in case of Lalita Kumari v. Government of U.P. and others reported in, 2014 2 SCC 1: (AIR 2014 SC 187).;