JITENDRA MOHAN SHARMA, J.

1. The instant criminal miscellaneous application has been filed for quashing the entire proceeding of Complaint Case No.2626 (C) of 2010 pending before Sri Ashutosh Khetan, J.M. Ist Class, Patna whereby the learned Judicial Magistrate has taken cognizance vide order dated 04.06.2011 for the offence under Sections 420, 406 and 504 of the Indian Penal Code and directed to issue summons against the petitioner.

2. Heard learned counsel for the petitioner and learned counsel representing the State.

3. In spite of service of notice O. P. No. 2 has not appeared.

4. On 20.09.2010 the O. P. No. 2 filed a complaint petition before the learned Chief Judicial Magistrate, Patna stating that he is unemployed youth and is looking for job and the accused claimed himself as priest and Astrologer in the specialized field of Advance Nakshatra Science and working in the name of 'Choudhary Jee'. The complainant came under influence on 12.02.2009 when so many spiritual remedies were suggested and further in that process the petitioner quoted that he has professional contacts with people of high influence who can provide a suitable job to him and for that he demanded Rs.