Hon’ble R.K. Rastogi, J.—This is an application under Section 482, Cr.P.C. for quashing the order dated 24-10-2007 and the notice dated 18-12-2007 issued against the applicant in Case No. 1 of 2008 - State v. Har Charan, under Section 110(g), Cr.P.C., Police Station Barsana, District Mathura, pending in the Court of Sub Divisional Magistrate, Chhata, District Mathura.

2. Heard the learned Counsel for the applicant, as well as learned A.G.A. for the State at the stage of hearing on admission of this application. Since the point involved in the matter is legal one I am deciding it at this stage on merits with the consent of the parties without calling for any counter-affidavit or rejoinder affidavit. Since these proceedings have been drawn on the report of the S.O. of P.S. Barsana, District Mathura against the applicant and since Smt. Babita opposite party No. 2 is not a party in the above case, no notice is being issued to her.

3. The facts relevant for disposal of this application are that on 18-12-2007, Smt. Ritu Sharma, Sub Divisional Magistrate, Chhata, District Mathura issued a notice under Section 111, Cr.P.C. for drawing proceedings against the applicant under Section 1