Poonam Srivastava, J. - (1.) Heard learned counsel for the applicant and learned A.G.A.
(2.) The opposite party No. 2 has not put in appearance despite notices were issued and duly served to him. On 30.1.2004 an order was passed for listing the application for effecting service and notices were served on 6.1.2004. The report of police station Bidhuna District Oraiya is on record and also of the Chief Judicial Magistrate, Etawah dated 9.1.2004 regarding sufficient service on O.P. but no counter affidavit has been filed. The present application is being decided finally after hearing learned counsel for the applicant.
(3.) The present application was filed for quashing the entire proceedings initiated on the basis of a complaint under Section 395/397 I.P.C. Shiv Kumar v. Babu Singh and Ors. pending in the court of Special Judge, Anti- Dacoity, Etawah. The court had summoned the applicants vide order dated 29.5.1992 (Annexure- 6 to the affidavit) A perusal of the said order shows that the Special Judge had summoned the applicants after perusing the complaint and affidavits of the complainant and witnesses and a copy of the telegram allegedly given to the S.S.P.;