BANWARI LAL SHARMA,J. - (1.) The present misc. petition is preferred by the petitioner-complainant Santosh Kumar against the impugned order dated 27.06.2009 passed by learned Additional Sessions Judge No. 2, Sikar in Criminal Revision Petition No. 30/2007 (Madhukar Gupta v. State of Rajasthan And Anr.) whereby learned lower Revisional Court allowed the revision petition and quashed the order of cognizance dated 14.02.2007 passed by learned Additional Judicial Magistrate, Dantaramgarh, District Sikar in Complaint No. 35/2007 and Criminal Case No. 63/2007 (Santosh v. Madhukar Gupta) whereby learned Magistrate took cognizance against the private respondent Madhukar Gupta under Sections 384, 392 and 469/511 of IPC.
(2.) The misc. petition was admitted by the co-ordinate Bench of this Court vide order dated 06.01.2010 and notices were issued to respondents, even after service of notice respondent No.- 2 failed to appear before this Court, therefore, matter was heard finally.
(3.) The brief facts of the case are that petitioner complainant filed a complaint before learned Magistrate on 23.01.2007 against the respondent-accused for offences under Sections 217, 218, 384, 392 and 469/511 of IPC wherein it was pleaded that petitioner is manager of Shri Khatushyam Ji Temple and the Public Trust is managing the affairs of Shri Khatushyam Ji Temple which is registered at Devsthan Department.;