JUDGMENT :

1. Heard Sri Gyanendra Mishra, learned counsel for the petitioner and Sri Santosh Kumar Mishra, learned A.G.A. for the State.

2. This writ petition has been filed by the petitioner under Article 226 of the Constitution of India to quash the impugned order dated 16.7.2019 passed by learned Chief Judicial Magistrate, Court No. 6, Sultanpur on the application moved by the petitioner u/s 156(3) Cr.P.C. as well as revisional court order dated 13.8.2019 passed by District & Session Judge, Sultanpur whereby application u/s 156(3) Cr.P.C. moved by petitioner was treated as complaint case by trial court and revision filed by the petitioner was also dismissed.

3. Learned counsel for the petitioner submitted that impugned order is against law and fact and has been passed without applying judicial mind. Learned Magistrate has treated the application u/s 156(3) Cr.P.C. moved by the petitioner as complaint case without looking into the facts and circumstances of the case and revision was also dismissed.

4. Learned A.G.A. opposed the prayer and submitted that learned Magistrate has power to treat the application moved u/s 156(3) Cr.P.C. as complaint case.

5. In a nutshell, facts of the case