JUDGMENT :

C.T. RAVIKUMAR, J.

Leave granted.

1. The captioned appeal is directed against the judgment and order dated 10.10.2017 passed by the High Court of Judicature at Allahabad in Application under Section 482 No. 5961 of 2013. As per the impugned order, in invocation of the power under Section 482 of the Code of Criminal Procedure, 1973 (for short “the Cr.P.C.”) the High Court quashed the order dated 05.04.2012 passed by the Court of Chief Judicial Magistrate, Shahjahanpur in Criminal Case No. 1478 of 2012, summoning the respondent No. 2 herein in the appeal to face the trial for the offence under Section 306 of the Indian Penal Code, 1860 (for short “the IPC”).

2. Heard learned counsel appearing for the appellant, learned counsel appearing for the respondent No. 1-State of Uttar Pradesh and the learned counsel appearing for respondent No. 2.

3. It is a matter where, initially, the complainant approached the Court of jurisdictional Magistrate with a complaint and on being refused to forward the complaint for investigation under Section 156 (3), Cr.P.C. the matter was taken up in revision and upon its dismissal before the High Court in Criminal Miscellaneous Writ Petition No. 9134/2