KANT TRIPATHI,J. - (1.) REJOINDER affidavit filed on behalf of the applicant is taken on record.
(2.) HEARD the learned counsel for the applicant and the respondent no. 2 and the learned A.G.A. for the respondent no. 1 and perused the record. This is an application filed under section 482 Cr.P.C. to quash the summoning order dated 24.09.2005 passed by the learned Special Chief Judicial Magistrate, Agra in complaint case no. 527 of 2005, Ajay Kumar Jain Vs. Dilip Kumar Jain, under sections 420,406,504, 506 I.P.C., P.S. Kotwali, District Agra.
(3.) IT appears that the respondent no. 2 filed a complaint in the court of Special Chief Judicial Magistrate, Agra, which has been registered as complaint case no. 527 of 2005, Ajay Kumar Jain Vs. Dilip Kumar Jain. The learned Special Chief Judicial Magistrate recorded the statement of the respondent no. 2 under section 200 Cr.P.C. and also held an inquiry under section 202 Cr.P.C. and during that inquiry recorded the statement of the witness Sandeep Rastogi. The summoning order dated 24.9.2005 has been passed on the basis of the statement of the complainant and the aforesaid witness.;