Heard Sri Arun kumar Arun, learned counsel for the petitioner, Sri Damodar Prasad Tiwari, learned Addl. Public Prosecutor as well as Sri Devendra Prasad Singh, learned counsel for complainant/opposite party no. 2.

2. The petitioner has approached this Court invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 (in short “Cr.P.C.”), with a prayer to quash an order dated 17-01-2013 passed by learned Chief Judicial Magistrate, Nawada (hereinafter referred to as ‘Magistrate’) in Nawada Town P.S. Case No. 301 of 2012/G.R. No. 1459 of 2012 (arising out of Complaint Case No. 737 of 2012). By the said order, the learned Magistrate, differing with the police report, has passed order of cognizance and directed for summoning the petitioner.

3. Short fact of the case is that initially the opposite party no. 2 filed a complaint, which was registered as Complaint Case No. 737 of 2012. The complaint was filed on an allegation of committing offences under Sections 406, 307, 504 of the Indian Penal Code. In the complaint petition, the petitioner was arrayed as sole accused. It was alleged in the complaint petition that the complainant had entered into