MOHAN SHUKLA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned Counsel for the applicants and learned Additional Government Advocate representing the State.

(2.) THIS application under Section 482 Cr. P.C. has been filed for quashing the entire proceedings in complaint case No. 3708 of 2000 pending before the Additional Chief Judicial Magistrate, Court No. 10, Ballia.

(3.) LEARNED counsel for the applicants contends that an application under Section 156(3) Cr. P.C. could never be treated as a complaint and for this purpose the learned counsel has principally relied upon two decisions given by a learned Single Judge of this Court in the cases of Ram Anuj Dubey v. State of U.P., 2003(2) JIC 9 (All) : 2003(2) A.Cr. R. 1897 and Surya Nath Yadav v. State of U.P. and others, 2003(2) JIC 777 (All). These decisions in turn relied upon another Single Judge decision in the case of Dinesh Chandra v. State of U.P., 2000(2) JIC 857 (All) : 2000(41) ACC 831.