RAVINDRA SINGH, J. - (1.) THIS applicant has been filed by the applicants Prabhoo Dayal, Murali alias Pappu, Ram Naresh and Shanker Lal with a prayer that proceedings in complaint case No. 649 of 1986, Zahir v. Prabhoo Dayal & Ors., under Section 420 I.P.C. pending in the Court of Learned Metropolitan Magistrate, Raipurwa Kanpur Nagar, may be quashed and the order dated 1 -9 -1986 passed by the learned Metropolitan Magistrate 5th Raipurwa may be set aside.
(2.) IN this case notice was issued to the opposite party Zahir in pursuance of the order dated 23 -4 -1987 passed by this Court but the same could not be served upon him because as per report of the learned C.M.M. Kanpur Nagar, the respondent has left Kanpur City after selling his house on 5 -12 -1991 to Smt. Asha Devi wife of Virendra Kumar Srivastava and he is not traceable. In such a situation, issuing a fresh notice to the opposite party, will be a futile exercise. This matter is too old of the year 1987, therefore, with the assistance of the learned Counsel for the applicant and the learned A.G.A. it is matter is being disposed of. The prosecution story in brief is that one Zahir opposite party has filed a compliant on 10 -7 -1986 in the Court of learned Metropolitan Magistrate, Raipurwa. Thereafter the statement of Zahir was recorded under Section 200 Cr.P.C. and the statement of other witnesses Dulare and Ram Chandra were recorded under Section 202 Cr.P.C. After considering the complaint and the statement of the witnesses, learned Magistrate took cognizance on 1 -9 -1986 and summoned the applicants to face the trial for the offence punishable under Section 420 I.P.C.
(3.) HEARD Sri O.P. Singh learned Counsel for the applicants and the learned A.G.A.;