Hon’ble Vinod Prasad, J.—The applicant Dr. Harvir Singh has filed this revision challenging the order dated 22.1.2007 passed by Additional Sessions Judge, Court No. 11, Aligarh in Criminal Revision No. 541 of 2006, Ravi Kant Savita v. State of Uttar Pradesh.

2. The short question which is involved in this application is as to whether in a complaint case filed by the complainant Dr. Harvir Singh can a third person (Ravi Kant Savita) be allowed to get his statement recorded at the stage of inquiry under Section 202, Cr.P.C. against the wishes of the complainant and also without being summoned by the Magistrate for giving evidence.

3. The short facts of the case are that a complaint was filed by Dr. Harvir Singh against Dr. R.N. Singh for offences under Sections 406, 409, 420, 468 and 471 I.P.C. Police Station Gandhi Park, district Aligarh. In the aforesaid complaint case complainant Dr. Harvir Singh examined himself under Section 200, Cr.P.C. and his witness Laxmi Chandra under Section 202, Cr.P.C. Trial Magistrate heard the complainant’s Counsel on the question of summoning of the accused under Section 204, Cr. P.C. At this stage an application was filed by Ravi Kant Savita,