Vikram Nath, J. - (1.) Heard Sri Manoj Kumar Mishra, learned counsel for the applicant and Sri Masood Alam, learned A.G.A. for the State. No one appears on behalf of the opposite party no.2 although the name of Sri Ambrish Tripathi, Advocate is printed in the list.
(2.) This application under section 482 Cr.P.C. has been filed invoking the inherent jurisdiction of this Court, for quashing the summoning order dated 11.10.2006, passed by the Additional Chief Judicial Magistrate-II, Gonda, in Misc. Case No.361 of 2006, Mata Prasad versus Ram Kumar and another, arising out of Case Crime No.C-25/06, under sections 467, 468, 471, 419, 420, 504 IPC, Police Station Mankapur, District Gonda and to quash the entire proceedings of the said case.
(3.) Upon an application moved by the opposite party no.2, under section 156(3) Cr.P.C. and under the orders of the concerned Magistrate to the Station House Officer (SHO) concerned to register and investigate the case, the aforementioned FIR was registered. After investigation the Investigating Officer submitted Final Report No.22/06 dated 23.08.2006. Upon issue of notices by the concerned Magistrate, before accepting the Final Report, a protest petition was filed, by the opposite party no.2. The protest petition was also supported by an affidavit. The Court below by the impugned order dated 11.10.2006, summoned the applicant under sections 167, 218 and 504 IPC. The order reads as follows- "Protest petition has been filed against the F.R. Affidavit has been submitted in support of protest application. Heard. Perused the application. From the perusal of protest application prima facie case made out against accused u/s 167, 218 and 504 IPC and F.R. is liable to be rejected consequently. F.R. rejected. Let accused Ram Kumar and Shiv Kumar be summoned u/s 167, 218 and 504 IPC. Applicant has to take steps and office to comply. Fix 05/12/06 for F.O.";