SWAYAM PRABHA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri R.B. Sahai, learned counsel for the revisionist and learned A.G.A. for the State.

(2.) NO notice is issued to private opposite party in view of the order proposed to be passed today, however, liberty is reserved for private opposite party to apply for variation or modification of this order if he/she feels so aggrieved.

(3.) AFTER about 2 months i.e. on 20.6.2011, application under Section 156 (3) Cr.P.C. was filed, whereupon the Magistrate, relying upon a decision of the Apex Court in Mohd. Yusuf v. Smt. Afaq Jahan, (2006) JIC 705 and Alyque Padamsee v. Union of India and another, (2007) 6 ACC 171, treated the application under Section 156 (3) Cr.P.C. as a complaint. Hence, this revision.