- (1.) The present application has been filed with the prayer to quash the impugned order dated 21.12.2015 passed by Additional Sessions Judge, Court No.5, Bulandshahr in criminal revision no. 149 of 2015 as well as the summoning order dated 27.4.2015 passed by Additional Chief Judicial Magistrate, Khurja, Bulandshahr in complaint case no. 305 of 2015 under Sections 420, 506 IPC, P.S. Khurja Nagar, District Bulandshahr. Further prayer has been made to stay the impugned order dated 21.12.2015 and the order dated 27.4.2015 as well as the entire proceedings of the aforesaid case.
(2.) Heard Shri Kuldeep Kumar, learned counsel for the applicant as well as the learned AGA.
(3.) It was submitted by the learned counsel for the applicant that initially an application u/s 156(3) CrPC was filed by the opposite party no.2, which was dismissed by the concerned Magistrate on merits. Thereafter, the complainant filed another complaint on the same set of fact and evidence without disclosing the dismissal of the earlier application under Section 156(3) CrPC, in which the applicant has been summoned. The applicant filed criminal revision against the summoning order, which was also dismissed affirming the summoning order. Hence, the present application has been filed. It was further submitted that the second complaint was barred for the reasons mentioned above. It is further submitted that no prima-facie case is made out against the applicant. In support of his submissions, learned counsel for the applicant has placed reliance on the decision of the Apex Court in Poonam Chand Jain and another vs. Fazru, 2010 2 SCC 631.;