JUDGMENT

J.M. Panchal, J. —

Leave granted.

2. The present appeal is filed by the appellant, who is member of judicial service of the State of Uttar Pradesh, for expunging the remarks made by the learned Single Judge of the High Court of Judicature at Allahabad in Criminal Misc. Application No. 21606 of 2009 while setting aside order dated August 1, 2009, passed by the appellant in case No. nil of 2009 titled as Shabnam vs. Irshad registering the application filed by the respondent No. 3 under Section 156(3) of the Code of Criminal Procedure (“Code” for short) as complaint and directing the Registry to present the file before the appellant on August 9, 2009 for recording the statement of the complainant, i.e., of Shabnam under Section 200 of the Code.

3. The facts giving rise to the present appeal are as under:

The respondent No. 3 is wife of one Mustqeem and resides at Village Sayyed Mazra, District Saharanpur with her husband and in-laws. It may be stated that the accused is her father-in-law. According to the respondent No. 3 her father-in-law had bad eye on her since her marriage. The case of the respondent No. 3 was that in the intervening night of June 18/19, 2009 at about 3 O’