Court No. - 80

Case :- APPLICATION U/S 482 No. - 9470 of 2022

Applicant :- Shailendra Pratap Singh

Opposite Party :- State Of U.P And 2 Others

Counsel for Applicant :- Ramesh Chandra Mishra

Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Misra,J.

Heard Mr. Ramesh Chandra Mishra, the learned counsel for

applicant and the learned A.G.A. for State.

Perused the record.

This application under Section 482 Cr. P. C. has been filed

challenging the order dated 08.12.2021 passed by Civil Judge

(J.D.) F.T.C. First/Judicial Magistrate, Sant Kabir Nagar in

Criminal Case No. 1740 of 2020 (Shailendra Pratap Singh Vs.

Vijendra Pratap Singh), under Section 156 (3) Cr. P. C., P.S.

Dhanghata, District Sant Kabir Nagar, whereby application

dated 17.12.2020 filed by applicant under Section 156 (3) Cr.

P., C. has been directed to be treated as a complaint case.

Learned counsel for applicant contends that Court below has

treated the application filed by applicant under Section 156 (3)

Cr. P. C. as a complaint by placing reliance upon the jdugement

of this Court in Sukhwasi and others Vs. State of U.P. and

others, 2007 (59) ACC 730. According to learned counsel for

applicant, the afores