SURYA NATH YADAV Vs. STATE OF U P

JUDGEMENT

(1.) By means of present application under Section 482 Cr.P.C. the applicant has prayed for quashing of the order dated 23/7/2003 passed by III Additional Chief Judicial Magistrate, Jaunpur, by which the application under Section 156(3) Cr.P.C. was ordered to be treated as complaint.

(2.) The brief facts giving rise to this application are that the applicant moved an application under Section 156(3) Cr.P.C. before the Judicial Magistrate I, Jaunpur on 1/7/2003, which is annexure-4 to the application. The Judicial Magistrate I Jaunpur called for the report from Police Station Gaura Badshahpur, Jaunpur and in the meantime the case was transferred to the Court of Turd Additional Chief Judicial Magistrate. Jaunpur. The Turd Additional Chief Judicial Magistrate, Jaunpur instead of proceeding with the application under Section 156(3) Cr.P.C. directed the applicant to produce the witnesses treating the said application to be a complaint. The said order dated 23/7/2003 is annexure-5 to the petition.

(3.) It has been submitted that the Magistrate has no jurisdiction to treat the application under Section 156(3) Cr.P.C. to be a complaint. If the application under Section 156(3) Cr.P.C. discloses cognizable offence the Magistrate should have ordered investigation or could have rejected the same instead of directing the applicant to produce the witness.