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2022 Supreme(All) 1631

RAJESH BINDAL, SAMIT GOPAL
Naresh Kumar Valmiki – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Arvind Kumar Singh, Mohd Zaid, Prateek J. Nagar, Geetam Singh, Shree Prakash Giri, Anil Kumar.
For the Respondents: Syed Ali Murtaza, Neeraj Kumar Srivastava, Shobhit Yadav, Ankit Srivastava, Kartikey Pandey.

JUDGMENT :

1. This is bunch of 83 cases with different reliefs. The matter has been placed before this Court on the reference made by the learned Single Judge disagreeing with the view taken by another learned Single Judge in the case of Soni Devi vs. State of U.P. 2022 (5) ADJ 64. Alongwith the main petition, other petitions and appeals have been tagged with similar issues involved.

2. The question of difference between the two learned Judges is on the second question as framed in the case of Soni Devi's case (supra) which is in para-15 of the said judgment. It reads as under:

    ''15. The second question for consideration before this Court is as to whether Special Judge can treat the application under Section 156(3) Cr.P.C. as a complaint case or not.''

3. The answer given to the second question is in para-18 of the said judgment which is as follows:

    ''18.....Therefore answer to the second question that Special Judge can treat the application under Section 156 (3) Cr.P.C. as a complaint case or not? Answer is ''No'' in view of Rule 5(1) of the Amended Act.''

4. While giving reasons for differing with the said answer and making a reference, learned Single Judge has referred the question as

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