KRISHNA KANT DIXIT Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Yanendra Pandey, learned counsel for the applicant as well as learned AGA for the State and perused the record.

(2.) The instant application has been filed by the applicant with a prayer to quash the order dated 22.7.2020 passed by Chief Judicial Magistrate, Agra in Application No.251 of 2020 (Krishna Kant Dixit vs. Nikhil Agarwal and others) under Section 406, 418, 420, 467, 468, 471, 472, 120B, 504, 506 IPC, Police Station Hari Parwat District Agra, whereby the application under Section 156(3) Cr.P.C. has been treated as a complaint case and a date has been fixed for recording of the statement of complainant under Section 200 Cr.P.C.

(3.) Learned counsel for the applicant submits that the order passed by the learned Magistrate has been passed in a mechanical manner, without appreciating legal proposition and the facts as mentioned in the application under Section 156(3) Cr.P.C. It has been contended that the impugned order is wholly illegal and arbitrary and has been passed without application of mind and is against the facts on record and the learned Magistrate was bound to issue a direction for registration of the FIR and could not have treated the said application as a complaint case as police investigation was necessary.