Rajendra Kumar Mishra, J.:- It appears that both the aforesaid applications were listed together on 6.2.2012 and the order was passed in both the applications but inadvertently, in order no.5 dated 6.2.2012 cause title of Criminal Misc. No.29449 of 2006 has not been typed.

Accordingly, order no.5 dated 6.2.2012 is modified to the extent that it includes Criminal Misc.No.29449 of 2006.

2. Both these applications bearing Criminal Misc. No.18520 of 2003 filed on behalf of the petitioner, Ratan Kumar Sinha and Criminal Misc. No.29449 of 2006 filed on behalf of the petitioners, Shital Kumar Mishra and Sanjay Kumar, have been filed against the order dated 7.5.2003 passed in Complaint Case No.1001 of 2002/Trial No.927 of 2003 by the court of Sri A.K. Verma, Judicial Magistrate, First Class, Aurangabad, summoning the accused-petitioners, on inquiry under Section 202 of the Code of Criminal Procedure, finding prima facie case under Section 406 of the Indian Penal Code, hence, both these applications have been heard together and are being disposed of by this common judgment.

3. In brief, the case is that the opposite party no.2, Eqbal Ahmed, filed the complaint petition, numbered as