KAMLESH BHARDWAJ Vs. STATE OF U P

JUDGEMENT

(1.) This is an application under section 482 Cr.P.C. for quashing the order dated 4.5.2005 passed in criminal case No. 4047 of 2005, State Vs. Azad Alam and others under sections 420, 34 and 506 I.P.C. by the Addl. Chief Judicial Magistrate, Baghpat.

(2.) I have heard Sri Pankaj Tyagi for the applicants, learned A.G.A. for the State and Sri D.K. Srivastava for O.P. no.2.

(3.) The facts relevant for disposal of this application are that complainant Satya Pal Singh, O.P. no.2 in this case, had lodged a F.I.R. against the accused applicants on 16.12.2004 under sections 420, 34 and 506 I.P.C. and on the basis of that F.I.R. case crime no. 954 of 2004 was registered against the accused applicants, Smt. Kamlesh Bhardwaj and Azad Alam. A copy of that F.I.R. has been annexed as Annexure no.2 to the affidavit filed in support of the above application. Thereafter the complainant also filed a complaint case against the accused applicants in respect of same allegations in the court of the Judicial Magistrate, Baghpat on 23.12.2004. The Magistrate took cognizance of that complaint and after taking evidence under sections 200 and 202 Cr.P.C. summoned the accused persons. The accused appeared in that complaint case and moved bail applications which were allowed and they were granted bail. It has been stated that the case is listed for evidence under section 244 Cr.P.C.