JUDGMENT :

MOHD. FAIZ ALAM KHAN, J.

1. Heard Sri. Kunwar Mukul Rakesh, learned Senior Advocate, assisted by Kunwar Sushant Prakash, learned counsel for applicant, Sri. Yatindra Kumar Agnihotri, learned Additional Government Advocate for State and perused the record.

2. The instant petition has been filed for quashing the charge-sheet dated 23.10.2009 and the summoning order dated 30.11.2009, passed by learned Judicial Magistrate 1st, Sitapur in State vs. Ram Chandra Verma, Criminal Case No. 2845 of 2009 arising out of Crime No. 372 of 2009, under Section 406 I.P.C. P.S. Sidhauli, District Sitapur.

3. Though the service on opposite party no. 2 was reported to be sufficient vide communication dated 6.7.2010 of Chief Judicial Magistrate, Sitapur and Sri. L.P. Shukla, Advocate had filed his vakalatnama on his behalf but no-one is present for him today.

4. Necessary facts required for disposal of this application is that opposite party no. 2 filed an FIR against the applicant on 7.5.2020 Priti Saraf and Another vs. State of NCT of Delhi and Another in Criminal Appeal No. 296 of 2021 dated 10th March, 2021 at 21.30 hours at P.S. Kotwali Sidhauli, Sitapur stating therein that the opposite part