JUDGMENT :

Ajai Kumar Srivastava-I, J.

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

2. The instant criminal revision has been filed by the revisionist for setting aside order dated 25.04.2022 passed by learned Chief Judicial Magistrate, Bahraich, in Misc. Criminal Case No.4050/12/2021, Ram Saran vs. Ayushman and another, Application u/s 156(3) Cr.P.C., Police Station Kaisarganj, District Bahraich.

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 25.04.2022 treated the same as complaint case and fixed the date 26.05.2022 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. wi