R.K.RASTOGI, J. - (1.) THIS is an application under section 482 Cr.P.C. for quashing the order dated 4.5.2005 passed in criminal case No. 4047 of 2005, State v. Azad Alam and others under sections 420, 34 and 506 IPC by the Addl. Chief Judicial Magistrate, Baghpat.
(2.) I have heard Sri Pankaj Tyagi for the applicants, learned AGA for the State and Sri D.K. Srivastava for O.P. No. 2. The facts relevant for disposal of this application are that complainant Satya Pal Singh, O.P. No. 2 in this case, had lodged an F.I.R. against the accused applicants on 16.12.2004 under sections 420, 34 and 506 IPC and on the basis of that FIR case crime No. 954 of 2004 was registered against the accused applicants, Smt. Kamlesh Bhardwaj and Azad Alam. A copy of that FIR has been annexed as Annexure No. 2 to the affidavit filed in support of the above application. Thereafter the complainant also filed a complaint case against the accused applicants in respect of same allegations in the Court of the Judicial Magistrate, Baghpat on 23.12.2004. The Magistrate took cognizance of that complaint and after taking evidence under sections 200 and 202 Cr.P.C. summoned the accused persons. The accused appeared in that complaint case and moved bail applications which were allowed and they were granted bail. It has been stated that the case is listed for evidence under section 244 Cr.P.C.
(3.) IN case Crime No. 954 of 2004 police continued with its investigation and after completion of the investigation charge-sheet was submitted in the Court of the Addl. Chief Judicial Magistrate, Baghpat on 04.02.2005 and on the basis of that charge-sheet the Magistrate took cognizance and passed orders for summoning the accused under sections 420, 34 and 506 IPC and also passed an order to this effect that copies be got prepared for being supplied to the accused persons. Aggrieved with that order accused have filed this application under section 482 Cr.P.C.;