A.K. Sikri, J. (Oral)- The brief factual matrix runs as follows:

Respondent No.2, Sh. Anil Kumar Dua, is the complainant, who has tiled a complaint under Sections 420/426/447/463/464/471/506/120B, IPC. This was filed on 15.5.2001 in the Court of Metropolitan Magistrate. On the directions of the Magistrate, an FIR No. 264/200 I was registered at Police Station Lajpat Nagar. The police carried out the investigation, on the basis of which it tiled final/ cancellation report before the learned Metropolitan Magistrate. On receipt of this report, the learned Metropolitan Magistrate issued notice to the complainant. Since the complainant was not satisfied with this report, his statement was recorded and thereafter, order dated 15.1.2005 has been passed by the learned Metropolitan Magistrate, fixing the matter for complainants evidence. This short order, which is challenged in the present petition, runs as under-

"Present: Shri V.K. Dua complain-ant.

I.O. Sanjay Tyagi reportedly out of India.

It has been reported by the complainant that he is not at all satisfied with the investigation even the documents placed by him were not considered during investigation and moreover accused person