Hon’ble M.K. Mittal, J.—This application has been filed for quashing the orders dated 20.8.2007 and 28.5.2007 passed by Sessions Judge Ghazipur, in Criminal Revision No. 385/07, Smt. Kiran v. State of U.P. and Judicial Magistrate, Saidpur, district Ghazipur in Criminal Misc. Case No. 134/IX/07 respectively.

2. Heard Sri Mithilesh Kumar Gupta learned Counsel for the applicant, learned AGA and perused the material on record.

3. The brief facts of the case are that the applicant filed an application under Section 156(3), Cr.P.C. against 7 accused persons. The learned Magistrate by order dated 28th May, 2007 directed that the application be treated as complaint and accordingly fixed 3.7.2007 for the statement of the complainant under Section 200, Cr.P.C. Against that order the applicant filed a criminal revision in the Court of the Sessions Judge which has been dismissed by order dated 20.8.2007. Feeling aggrieved the present application has been filed.

4. The contention of the learned Counsel for the applicant is that the learned Magistrate has erred in directing that the application under Section 156(3) Cr. P.C. be treated as a complaint case. According to him the accused person