Hon’ble R.K. Rastogi, J.—This is an application under Section 482, Cr.P.C. for quashing the proceedings of Criminal Case No. 540 of 2004, State v. Ram Sewak, under Section 504, I.P.C., P.S. Pahasu District Bulandshahr pending in the Court of Civil Judge (Jr. Division)/Judicial Magistrate, Khurja.

2. Heard the learned Counsel for the applicant and the learned A.G.A. for the State. Since in the present case the point involved is legal one, I am deciding it on merits at the admission stage.

3. The facts relevant for disposal of this application under Section 482, Cr.P.C. are that the complainant opposite party No. 2 filed an application under Section 156(3), Cr.P.C. against the accused applicant and three others containing allegations regarding commitment of offence punishable under Section 307, I.P.C. and under the orders of the Court case crime No. C-47 of 2001 was registered against the accused persons. The police, however, after investigation submitted charge-sheet against the applicant only under Section 504, I.P.C. and on that charge-sheet the learned Magistrate took cognizance and passed order for summoning the accused and since the accused did not appear, orders were pas