KAILASH NATH DWIVEDI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Jitendra Prasad Mishra, learned counsel for the applicant and Sri Pankaj Saxena, learned A.G.A.-I and Ms. Akanksha Gaur, learned State Law Officer for the State-opposite party.

(2.) The present application under Section 482 of the Code of Criminal Procedure, 1973 (the Code) has been filed seeking to quash the order dated 16.01.2021 passed by Sessions Judge, Banda in Criminal Revision No.55 of 2020 (Kailash Nath Dwivedi v State of U.P. and others) as well as order dated 25.09.2020 passed by Chief Judicial Magistrate, Banda, in Misc. Case No.406 of 2020 (Kailash Nath Dwivedi v Rudra Narayan Dwivedi and others) under Section 156(3) of the Code, Police Station Tindwari, District Banda.

(3.) The facts of the case, as disclosed from the pleadings, are that an application dated 04.08.2020, filed by the applicant under Section 156(3) of the Code (registered as Misc. Case No.406 of 2020) before the Court of the Chief Judicial Magistrate, Banda, has been treated as a complaint and in terms of an order dated 25.09.2020, it has been directed to be registered as a complaint case fixing a date for recording of the statement of the complainant under Section 200 of the Code.