JUDGMENT :

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

2. The instant application u/s 482 Cr.P.C. has been filed by the applicant for quashing the impugned order dated 16.10.2020 passed by Chief Judicial Magistrate, Gonda in Criminal Misc. Case No.1890/2020, Yusuf Ali vs. Inayat Ali and others in application under Section 156(3) Cr.P.C.

3. Brief facts are that the applicant moved an application under Section 156 (3) Cr.P.C. for registration and investigation of the case which was heard and learned Magistrate vide order dated 16.10.2020 treated the same as complaint case and fixed the date 18.11.2020 for recording the statement u/s 200 Cr.P.C.

4. Foremost submission of learned counsel for the applicant is that the impugned order is not sustainable in the law, insofar as the same is against the law laid down by the Hon'ble Apex Court in the case of Lalita Kumari vs. Government of Uttar Pradesh and another, reported in 2014 (2) SCC 1. He, thus, submitted that the only option available to the learned Magistrate was to allow the application filed under Section 156 (3) Cr.P.C. with a direction to the Station House Officer concerned for re