Hon’ble Vishnu Chandra Gupta, J.—This petition has been filed by Sri Lalit Mohan Pant to quash the order dated 4.7.2005 passed by learned Chief Judicial Magistrate, Lucknow in Case No. 1064 of 2003 (Final report Case) (State v. Lalit Mohan Pandey) arising out of Case Crime No. 605 of 2003, under Sections 406, 420 IPC, Police Station Kotwali Hazratganj, District Lucknow rejecting the final report submitted by the police in the aforesaid case and treating the protest petition of opposite Party No. 3 Radhey Shyam Gupta, as complaint and order dated 1.2.2012 passed by learned Chief Judicial Magistrate, Lucknow in Case No. 8202 of 2005 (Radhey Shyam Gupta v. Lalit Mohan Pant), summoning the petitioner to face the trial under Section 420 IPC (Annexures No. 1 and 2 respectively to this petition).

2. Brief facts for deciding this petition are that according to opposite party No. 3 Radhey Shyam Gupta, who is an Ex-Officer of postal department, purchased five Kisan Vikas Patras (in short ‘KVPs’) of Rs. 10,000/- each bearing KVPs No. 30CC 688349 to 688352 on 23.7.1996 from Jawahar Bhawan Post Office. The aforesaid KVPs were purchased under Registration No. 2789 dated 12.8.1996 through Cheque No. 0415613 worth Rs. 50,000/- of SB Account No. 877261, GPO, Lucknow. The aforesaid KVPs were issued in the joint name of Rohit Gupta, who is the son of opposite party No. 3, and Radhey Shyam Gupta opposite party No. 3. These KVPs were ‘Joint B’ type and the amount thereunder was payable to ‘either or survivor’. The aforesaid KVPs were present for encashment by the first holder Rohit Gupta in the post office. The payment of which has been given to Rohit Gupta through Cheque No. H-503522 dated 24.10.2001 after getting signatures of Rohit Kumar Gupta as an acknowledgment of receipt of payment. The signatures of Rohit Gupta was duly identified by Pushpila Bisht, Advocate of this Court. After the encashment of aforesaid KVPs, a first information report has been lodged on 2.10.2003 by the opposite party No. 3 against Lalit Mohan Pant the petitioner, with the allegations that inspite of application dated 28.4.2001 containing information of loss of aforesaid KVPs given to Sub-Post Master, Jawahar Bhawan, the petitioner Lalit Mohan Pant with connivance of others after making forged signatures enchashed the amount of aforesaid KVPs in between September, 2001 to November, 2001. The aforesaid application dated 28.4.2001 is acknowledged by Sri Sushil Kumar Mishra, Assistant Post Master, Jawahar Bhawan on the same day.

3. On the basis of this FIR, the case was registered under Sections 406 420 IPC against Petitioner Lalit Mohan Pant and some unknown persons but after investigation a final report has been submitted by the police before the Magistrate. The opposite party No. 3 filed protest petition and thereafter the protest petition was treated as a complaint and after recording statement under Sections 200 and 202 Cr.P.C., the present petitioner has been summoned.

4. I have heard Sri Sanjay Kumar, learned counsel for the petitioner, learned AGA for the State and the opposite party No. 3-in-person.

5. It has been submitted by learned counsel for the petitioner that the amount under the aforesaid KVPs has actually been paid to Rohit Gupta after due verification and after getting approval from his higher authorities. It has also been submitted that Rohit Gupta in reply to the application dated 28.4.2001 of the opposite party No. 3 informed to the post office that those KVPs were neither lost nor stolen but the same are his possession being the first holder and on his request, the payment has been made after getting the approval from the higher authorities. An Original Suit No. 24 of 2003 (Annexure-4 to this petition) has been filed by the opposite party No. 3 against his son Rohit Gupta, his daughters Smt. Reena Gupta, Smt. Neelima Gupta and Km. Rakhi Gupta alongwith nine others of the postal department, is still pending in the Court of learned Additional