JUDGMENT :

SHAMIM AHMED, J.

1. Heard Sri. R.P. Shukla, learned counsel for the applicant, learned AGA for the State and perused the record.

2. In this case notice was issued to opposite party no. 2 vide order dated 21.2.2013 but till date nobody has filed Vakalatnama on behalf of opposite party no. 2 nor counter affidavit has been filed on his behalf and State.

3. This application under Section 482 Cr.P.C. has been filed for quashing of the impugned cognizance and summoning order dated 11.9.2012 and criminal proceedings of Criminal Case No. 486 of 2012 (State vs. Kallu Ram and Manohar), initiated on the basis of charge-sheet No. 62 of 2012 dated 13.7.2012, arising out of Case Crime No. 112 of 2012, under Section 447 IPC and section 2/3 of Public Property Act, Police Station Machharehta, District Sitapur, pending in the Court of 1st Additional Civil Judge (Junior Division)/Judicial Magistrate, Sitapur. A further prayer has also been made to stay the further proceedings of the aforesaid case.

4. Learned counsel for the applicant submits that on 21.06.2012, respondent no. 2 lodged an F.I.R. against the applicant and one Kallu Ram, which was registered as case crime no. 112/2012, under Sect