High Court of Judicature at Allahabad
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Vijay Kumar v. State Of U.P. - CRIMINAL MISC. WRIT PETITION No. 4926 of 2006  RD-AH 11999 (21 July 2006)
Crl. Misc. Writ petition No. 4926 of 2006.
Vijay Kumar...... Petitioner.
State of U.P. .... Opp. Party.
Heard Sri Sameer Jain, learned counsel for the petitioner and learned A.G.A .
The present writ petition has been moved for quashing of the order dated 24.3.2006 passed by revisional court and order dated 23.2.2006 passed by Additional Chief Judicial Magistrate II, Varanasi, (Annexures -2 and 3 to the writ petition).
The petitioner moved an application under Section 156(3) Cr.P.C. which was dismissed by order dated 23.2.2006 with the direction to proceed the case as a complaint case. The revision was dismissed by order dated 24.3.2006. The revisional court has relied upon a judgement in the case of Joseph Madhuri Vs. Swami Sachidanand, 2001(2) SCC(Crl)287 and came to the conclusion that the court is empowered to treat the application under Section 156(3) Cr.P.C as a complaint case and approach of the revisional court is quite justified .
The writ petition has got no force and it is hereby dismissed.
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