JUDGMENT :

Ashutosh Srivastava, J.

Heard the learned counsel for the applicants and the learned AGA for the State. No one has appeared on behalf of the opposite party No. 2.

2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the entire proceedings of Complaint Case No. 32253 of 2005 (Gopal v. Mahesh Chandra Agarwal and another) under Section 379 IPC, pending before the Chief Judicial Magistrate, Allahabad.

3. The aforesaid complaint case was registered pursuant to the order of the Chief Judicial Magistrate, Allahabad vide order dated 5.12.2005 (Annexure-5 to the affidavit filed in support of the application under Section 482 Cr.P.C.). The opposite party No. 2 Gopal son of late Ram Jani on 29.11.2005 filed an application under Section 156 (3) Cr.P.C. impleading the applicants and alleging inter alia that he is employed as a ''Bandi Rakshak'' in Pratapgarh District Jail and his permanent address is 13/15 Clive Road, Allahabad. He has been residing at their address since his childhood and has undergone schooling from the said address. The Bungalow No. 13/15 Clive Road, Civil Lines, Allahabad belonged to an Englishman W.H. Tuck and his father and mother