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2021 Supreme(All) 1282

Dhruv Karan Singh – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Revisionist : Saurabh Singh

JUDGMENT :

1. Heard learned counsel for the revisionist, learned A.G.A for the State and perused the record.

2. The instant criminal revision is directed against the judgment and order dated 27.08.2021 passed by learned Additional Civil Judge (J.D.), Court No.7/Judicial Magistrate, Agra in Misc. Application No.1317 of 2021, under Section 156 (3) Cr.P.C. "Dhrub Karan Singh vs. Vipin Tiwari and others", Police Station Nai Ki Mandi, District Agra, whereby the learned Additional Civil Judge (J.D.), Court No.7/Judicial Magistrate, Agra has treated the aforesaid Misc. Application No.1317 of 2021 as the complaint case without considering the records, which is illegal and arbitrary.

3. Brief facts are that the revisionist has moved an application under Section 156 (3) Cr.P.C. for registration and investigation of the case which was heard and disposed of by Additional Civil Judge (J.D.), Court No.7/Judicial Magistrate, Agra vide impugned order dated 27.08.2021, whereby the learned Magistrate has directed that the application filed under Section 156 (3) Cr.P.C. to be treated as complaint by placing reliance on the law laid down by Division Bench of this Court in Sukhwasi vs. State of Uttar Prad

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