RAKESH SINGHAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant, and the learned A.G.A. for the State.

(2.) This application under Section 482 Cr.P.C. has been filed challenging the order dated 03.10.2020, passed by the Chief Judicial Magistrate, Ghaziabad in Complaint Case No. 30222 of 2020 IC.N.R. No.UPGZ04-027111-2020) (Rakesh Singhal Vs. Deepak Kumar Agarwal and Others), under Section 156(3) Cr.P.C., P.S. Kavinagar, District Ghaziabad, whereby the misc. application filed by the applicant has been directed to be treated as a complaint.

(3.) Learned counsel for the applicant submits that a perusal of the complaint filed by the applicant clearly discloses the commission of a cognizable offence. He, therefore, submits that once the application filed by the applicant under Section 156 (3) Cr.P.C. disclosed the commission of a cognizable offence, the Magistrate has erred in law in directing to proceed with the application as a complaint case. He further submits that in the present case the life, liberty and property of the applicant is involved. The learned counsel for the applicant has contended with vehemence that the court below has passed the impugned order in a mechanical manner and has ignored the judgement of the Apex Court rendered in the case of Lalita Kumari Vs. Government of U.P. and others reported in 2014 (2) SCC 1.