(1.) Heard learned counsel for the applicant, learned counsel for the opposite party No. 2 and learned A.G.A.
(2.) Learned counsel for the opposite party No. 2 has refused to file counter affidavit to the instant application under Sec. 482 Cr.P.C. and given his consent to decide the same on merits. Likewise learned A.G.A. has no objection to decide the instant application on merits as well.
(3.) In view of the peculiar facts and circumstances of the present case and order proposed to be passed hereinunder, this Court proceeds to decide the instant application finally with the consent of counsel for the parties present without calling for their respective affidavits.