Hon’ble M.K. Mittal, J.—This writ petition has been filed for quashing the order dated 28.4.2006 passed by Addl. Sessions Judge, Court No. 3, Basti whereby he dismissed the criminal revision No. 142 of 2006 which was filed against the order dated 6.2.2006 passed by Judicial Magistrate in Criminal complaint whereby he had dismissed the complaint under Section 203, Cr.P.C.

2. Heard learned Counsel for the petitioner, learned A.G.A. and perused the material on record.

3. Brief facts of the case are that petitioner filed a criminal complaint under Section 166, IPC against Ram Vilas Yadav Sub Inspector, Omkar Singh constable and D.S.Tomar, Station Officer Incharge Kotwali Basti alleging that on 22.7.2004 in the afternoon Ram Ashish Yadav younger brother of Ram Vilas Yadav came to his house in village Chandidiha which is seven kilometers from Khalilabad and at that time he was not at his house and his wife Smt Bhanmati was there. Ram Ashish Yadav inquired from his wife about him and when she told that he was not at the house he told his wife that he was sent by Sub Inspector Ram Vilas Yadav and he was awaiting for him at P.S. Maghar and the matter could be settled if the payment of