SURENDRA KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the Petitioner and learned ASA for the State.

(2.) This writ petition has been filed with a prayer to quash the order dated 4.12.201 C passed by the Judicial Magistrate, Bhognipur, District- Ramabai Nagar. Vide order dated 14.12.2010, the application under Section 156 (3) Code of Criminal Procedure filed by the Petitioner was treated as complaint.

(3.) It was alleged in the application under Section 156 (3) Code of Criminal Procedure that the Petitioner had Saving Account No. 11012163234 in Pukhraya branch of S.B.I. Fictitious withdrawal of Rs. 40,000/- on 7.8.2010 and Rs. 55,000/- on 11.8.2010 were made by unknown persons from the said account Learned Magistrate relying upon the Division Bench decision of this Court in Sukhwasi v. State of U.P., 2008 CrLJ 472 treated the application as complaint.