DHRUV KARAN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the revisionist, learned A.G.A for the State and perused the record.

(2.) The instant criminal revision is directed against the judgment and order dtd. 27/8/2021 passed by learned Additional Civil Judge (J.D.), Court No.7/Judicial Magistrate, Agra in Misc. Application No.1317 of 2021, under Sec. 156 (3) Cr.P.C. "Dhrub Karan Singh vs. Vipin Tiwari and others", Police Station Nai Ki Mandi, District Agra, whereby the learned Additional Civil Judge (J.D.), Court No.7/Judicial Magistrate, Agra has treated the aforesaid Misc. Application No.1317 of 2021 as the complaint case without considering the records, which is illegal and arbitrary.

(3.) Brief facts are that the revisionist has moved an application under Sec. 156 (3) Cr.P.C. for registration and investigation of the case which was heard and disposed of by Additional Civil Judge (J.D.), Court No.7/Judicial Magistrate, Agra vide impugned order dtd. 27/8/2021, whereby the learned Magistrate has directed that the application filed under Sec. 156 (3) Cr.P.C. to be treated as complaint by placing reliance on the law laid down by Division Bench of this Court in Sukhwasi vs. State of Uttar Pradesh; 2008 Cri LJ 452.