IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Crl. Misc. Application (C-482) No. 1107 of 2010 Rao Aabad S/o Abdul Sattar R/o Mohalla Kotrawan, P.S. Jawalapur, District Haridwar. ...…………. Petitioner Versus 1. State of Uttarakhand through Secretary Home, Dehradun. 2. Masrur Khan S/o Maskur Khan @ Buddhan R/o Ranipur, Id-Gah Road, P.S. Ranipur, District Haridwar. ...…………. Respondents Mr. S.K. Shandilya, Advocate, present for the petitioner. Mr. B.S. Parihar, Brief Holder, present for the State. Mr. H.C. Pathak, Advocate, present for respondent No. 2 / complainant. Hon’ble Prafulla C. Pant, J. Rejoinder affidavit filed on behalf of the petitioner be taken on record. (Misc. Application No. 960 of 2011 stands disposed of). 2) Heard. 3) By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973, the petitioner has sought stay of the proceedings of Sessions 2 Trial No. 21 of 2004, State Vs. Masrur Khan, relating to offences punishable under Section 323, 307 of I.P.C., pending in the court of Addl. Sessions Judge / III F.T.C., Haridwar. 4) Learned counsel for the petitioner submitted that the petitioner has moved an application under Section 311 of Cr.P.C. for summoning certain doctors in the trial. However, perusal of the impugned order dated 09.11.2010, by which the application of the petitioner was rejected, discloses that similar application was earlier moved and rejected by the trial court, in the year 2008, which attained finality. Again, after two years, the petitioner (accused) appears to have moved fresh application. Learned counsel for respondent No. 2 pointed out that the trial is pending at the stage of arguments, and the proceedings are got stayed by the petitioner by filing this petition, only to linger the proceedings of the trial. 5) Having considered submissions of learned counsel for the parties, and after going through the papers on record, this petition under Section 482 of Cr.P.C. is dismissed. Interim order dated 22.11.2010, passed by this court, is hereby vacated. (Prafulla C. Pant, J.) Dt. March 03, 2011. H. Negi