- (1.) This is a writ petition for quashing the proceedings of criminal complaint case no.1795 of 1997 (Ganga Sahai Modi Vs. Kumar Manglam & others ) pending in the court of the Addl. Chief Judicial Magistrate-I, Bareilly and the order dated 3.1.2007 passed by the Sessions Judge, Bareilly in the criminal revision preferred against the summoning order passed in the above case.
(2.) I have heard Sri Vinai Saran and Sri Amit Saxena, learned counsel for the petitioner and Sri Umesh Vats, learned counsel for respondent no. 3.
(3.) In this petition the petitioner has filed a copy of an application moved by Ganga Sahai Modi, respondent no. 3 before the Addl. Chief Judicial Magistrate-Ist, Bareilly on 18.1.2007 in which he had stated that he has become too old and weak and the case was of the year 1997 and the accused have been summoned in the case but no further proceeding has taken place. He had undergone operation of his eyes twice and was not in a position to proceed with the case due to his ill health and old age, so it was prayed that the case be allowed to be withdrawn and the same may be dismissed as withdrawn. A copy of the affidavit filed in support of that application was also presented in this writ petition. Both these documents are Annexure no.3 to the writ petition. Respondent no.3 Ganga Sahai Modi, who is complainant in the above complaint case, has today filed his affidavit in this Court in which he has confirmed the allegations made in his affidavit filed before the Addl. Chief Judicial Magistrate-I, Bareilly and has prayed that he has got no objection in allowing the prayer of the petitioner.;