R.K.RASTOGI, J. - (1.) CASE called out.
(2.) NO one is present for the applicant. Learned A.G. A. is present for the State and Sri Arun Kumar Singh is present for O.P. No. 2. This case was earlier put up before me on 28.9.2007 as an unlisted case. On that date also the applicant was absent even after revision of the list. It was pointed out by the learned Counsel for O.P. No. 2 that on the application of O.P. No. 2 under Section 156(3), Cr.P.C. the Magistrate has passed an order for regis ­tration of the case and the F.I.R. had also been registered against the applicant. It was further pointed out by the learned Counsel for the opposite party that after registration of the F.I.R., the application under Section 482, Cr.P.C. was not main ­tainable and the only remedy open to the applicant was to file a writ petition under Article 226 of the Constitution of India for challenging that F.I.R. However, since the learned Counsel for the applicant was not present on that date and the case was listed as an unlisted case, I had passed an order that the case be listed in regular cause list. Today the case has been listed in the regular cause list but none is present for the applicant.
(3.) 1 have heard learned Counsel for O.P. No. 2 as well as the learned A.G.A. for the State and have perused the record.;