RAKESH Vs. STATE

JUDGEMENT

(1.) THIS application under Section 482 Cr.P.C. has been filed for setting aside the order dated 4.11.2009 passed by Judicial Magistrate Second, Kanpur Dehat in criminal case no. 947/2009 Rakesh Vs. Mauji Lal and another by which the learned Magistrate instead of sending the application moved under Section 156(3) Cr.P.C. to the police station concerned for registering the case, ordered for the registration of the case as a complaint case.

(2.) IN brief the facts of the case are that the applicant Rakesh moved an application under Section 156 (3) Cr.P.C. before the Magistrate making a prayer that the S.H.O. of P.S. Ghatam Pur, Kanpur Dehat may be directed to register and investigate the case. The learned Magistraste however treated the application as a complaint and fixed the case for recording the statement of the complainant under Section 200 Cr.P.C. vide order dated 4.11.2009. I have heard learned counsel for the petitioner as well as learned A.G.A. appearing for the State.

(3.) I have considered over the respective arguments. In this connection a Full Bench decision of this High Court in Ram Babu Gupta Vs. State of U.P. 2001(43) ACC 50 may be referred in which the Hon'ble High Court held as under: