SHANTI DEVI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Mr. Murli Manohar Srivastava, learned Counsel for the Petitioner as well as Mr. Rajendra Kumar Dwivedi, learned Additional Government Advocate for the State.

(2.) The Petitioner has challenged the order dated 18th of May, 2010, passed by the Additional Chief Judicial Magistrate-V, Court No. 29, Lucknow on Misc. Application No. 58 of 2010, moved under Section 156(3) of the Code of Criminal Procedure, on the ground that the learned Magistrate has wrongly converted the application into complaint as the provisions of Section 156(3) of the Code of Criminal Procedure as well as provisions of Chapter 15 of the Code of Criminal Procedure have no co-relationship to each other, they are different and distinct provisions absolutely providing a different procedure. In support of his submission he placed reliance upon several decisions of this Court as well as the Hon'ble Supreme Court, which are referred to hereunder:

(3.) On the other hand Mr. Rajendra Kumar Dwivedi, learned Additional Government Advocate, appearing on behalf of the State, in support of his argument, has cited the following decisions: