JUDGMENT :

1. Heard Shri Wajid Ali, learned counsel for the applicant, Shri Pankaj Saxena, learned A.G.A. for the State and perused the record.

2. This application/petition under Section 482 of the Code of Criminal Procedure 1973 has been filed for quashing the entire proceedings of Misc. Case No. 1064 of 2017, under Section 340 Cr.P.C. pending before the Judicial Magistrate, Sant Kabir Nagar (Abdul Taiyab versus Sukhraj) Police Station-Dudhara, District-Sant Kabir Nagar.

3. The facts of the case as per the petition as also the submission made by learned counsel for the applicant are that one Eklakh Ahmad filed an application under Section 156(3) Cr.P.C. on 30.08.2012, against Mohd. Tayyab @ Abdul Taiyab opposite party no. 2 and others, registered as complaint case no. 1075 of 2013, which, after recording of the statement of the complainant therein under Section 200 Cr.P.C. and of the present applicant as P.W.-1 in that case was rejected in non prosecution under Section 203 Cr.P.C. by order dated 08.08.2017 passed by the Magistrate.

4. The applicant on 17.01.2017 filed an application under Section 156(3) Cr.P.C. in which the Judicial Magistrate Sant Kabir Nagar issued direction to the