ORDER :

1. Heard learned counsel for the petitioner and learned counsel for the informant as also Mr. Ajay Kumar Sharma, learned AC to AG for the State.

2. The petitioner in the present case is seeking quashing of the First Information Report of Shastri Nagar P.S. Case No. 379 of 2015 under Sections 420, 406, 323 and 324 of the Indian Penal Code.

3. Learned counsel for the petitioner submits that on a bare perusal of the first information report together with the copy of the complaint petition being Complaint Case No. 222 of 2015 which is the basis of lodging of the FIR it would appear that the opposite party no. 2 moved directly to the court of learned Chief Judicial Magistrate, Patna by filing a complaint petition. In the complaint petition, there was no averment at all that the opposite party no. 2 had approached the jurisdictional police station or had followed the procedure as prescribed under Section 154(3) Cr.P.C. The complaint petition was not even supported by affidavit, still on the oral prayer of learned counsel for the respondent no. 4, the learned CJM forwarded the copy of the complaint case to the SHO of Shastri Nagar Police Station, Patna to investigate the matter. The