- (1.) This petition under section 482 Cr.P.C. has been filed on behalf of the applicants with the prayer to quash the entire proceedings of Criminal Case No.2328 of 1999 ( State Vs. Shiv Singh) under sections 420 IPC & D.P.Act, P.S. Iglas, District Aligarh.
(2.) This case was listed on 9.5.2013. On that date learned counsel for the applicants was present and so was the learned AGA. But, no one was present on behalf of opposite party No.2. It should be mentioned here that opposite party No.2 had appeared in this case through his learned counsel and filed his counter affidavit which is available on the record.
(3.) The brief facts of the case are that O.P.No.2 moved an application before the Sr. Supdt. Of Police, Aligarh on 16.8.1997 with the prayer that on the basis of his application an FIR should be directed to be registered. Under the direction of such police officer on 23.8.1997 an FIR was lodged at P.S.Iglas, District Mahamaya Nagar at case crime No.277 of 1997 under sections 420 IPC and D.P.Act. The matter was investigated and the investigating officer submitted a final report in the case on 13.11.1997 in the Court of learned Magistrate. The learned Magistrate issued notice to O.P.No.2 as required under the law. O.P.No.2 appeared before the Court of learned Magistrate and filed a protest petition on 16.4.1999. After hearing O.P.No.2 the learned Magistrate rejected the final report and after examining the case diary he summoned all the applicants herein under sections 420 IPC & D.P.Act. Such summoning order was passed on 10.8.1999. Feeling aggrieved by such order the applicants moved a revision before the Court of learned Sessions Judge, Aligarh which was ultimately heard and disposed of by the Court of VIII Additional Sessions Judge, Aligarh. The learned Addl. Sessions Judge dismissed the revision on 14.2.2001. Thereafter the present petition was filed with the prayer which has already been mentioned in the opening lines of this order.;