MANEETA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Om Prakash Vishwakarma, 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 order dated 05.10.2019 passed by the Sessions Judge Jaunpur dismissing Criminal Revision No. NIL/2019 filed by applicant arising out of order dated 27.08.2019 passed by the Judicial Magistrate IInd, Court No.18, Jaunpur in Misc. Case No. 40 of 2019 u/s 156(3) Cr.P.C., P.S. Buxa, District Jaunpur, 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 the right and interest of the applicant in her property 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.