Stay Application No. 1178 / 10 Early Hearing App. 1445 / 11 Early Hearing App. 2474 / 11 In C-482 No. 992 of 2010 Hon. Prafulla C. Pant, J. Mr. Arvind Kumar Shukla, Advocate present for the petitioner. Mrs. Mamta Bisht, A.G.A., present for State. Heard. By means of this petition, moved under Section 482 of Code of Criminal Procedure, 1973, the petitioner has sought quashing of the order dated 22.02.2010, passed by Addl. Civil Judge (Junior Division) / Judicial Magistrate, Khatima, in Criminal Case No. 608 of 2010, relating to offence punishable under Section 304-A of I.P.C., by which said court took cognizance on charge sheet and summoned the accused. The first information report discloses that on 22.05.2009, at about 08:15 P.M., a shed in ALEDCO SIDCUL Industrial Park, Sitarganj, had fallen down, in which some people lost their lives. (In all three persons lost their lives). Learned counsel for the petitioner pleaded that there is no criminal negligence on the part of the petitioner as all the material used in the construction of shed was upto the mark. Whether, the material used in the shed was upto the mark or not, is a question of fact which can be examined by the trial court at the time of recording of the evidence. It is not desirable on the part of this court to come to the conclusion on the basis of half baked evidence before it as to the quality of the material used in the shed. Therefore, without expressing any opinion as to the final merits of the case, this petition under Section 482 of Cr.P.C. is dismissed summarily. (Stay Application No. 1178 of 2010, Early Hearing Applications No. 1445 of 2011 and No. 011 stand disposed of). 2474 of 2 (Prafulla C. Pant, J.) 04.07.2011 HN