DILIP KUMAR JAIN Vs. STATE OF U P

JUDGEMENT

(1.) REJOINDER affidavit filed on behalf of the applicant is taken on record.

(2.) HEARD the learned counsel for the applicant and the respondent no. 2 and the learned A.G.A. for the respondent no. 1 and perused the record.

(3.) IT appears that the respondent no. 2 filed a complaint in the court of Special Chief Judicial Magistrate, Agra, which has been registered as complaint case no. 527 of 2005, Ajay Kumar Jain Vs. Dilip Kumar Jain. The learned Special Chief Judicial Magistrate recorded the statement of the respondent no. 2 under section 200 Cr.P.C. and also held an inquiry under section 202 Cr.P.C. and during that inquiry recorded the statement of the witness Sandeep Rastogi. The summoning order dated 24.9.2005 has been passed on the basis of the statement of the complainant and the aforesaid witness.