Hon’ble Vinod Prasad, J.—Heard Sri Mukul Tripathi, learned counsel for the revisionists and learned AGA in opposition.

2. A complaint case was instituted by Arif Ahmad against Nafees @ Bhurey and another as Complaint Case No. 1460 of 2008 before Additional Chief Judicial Magistrate, Court No. 4, Ghaziabad. After due formality and conducting an inquiry, the accused persons were summoned in the aforesaid complaint case to stand trial for offences under Sections 323, 324, 504, 506 IPC, out of aforesaid sections, Sections 324, 506 are punishable with more than two years of imprisonment, therefore, procedure which Magistrate was required to undertake was that of warrant case. Since the complainant was not interested in prosecuting the accused in the estimation of the trial Magistrate, hence the complaint was dismissed in default by the trial Judge mentioning Section 256 Cr.P.C. Trial Judge, however did not pass any order either of acquittal or discharge of the accused.

3. Aggrieved by the order of simplicitor dismissal of his complaint, the complainant went up in revision before Sessions Judge, Ghaziabad, being Criminal Revision No. 114 of 2011, Arif Ahmad v. State of U.P. and a