C482 577 of 2010 Hon’ble Prafulla C. Pant, J Shri S.K. Agarwal, Senior Advocate, assisted by Shri Swapnil Bisht, Advocate, present for the petitioner. Shri G.S. Sandhu, G.A. with Shri M.A. Khan, Brief Holder, present for the State. Heard. By means of this petition moved under section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C) the petitioner has sought quashing of the proceedings of criminal case no. 190 of 2008 (old no. 212 of 1999) State vs. Ram Kumar Gupta, relating to offences punishable under section 380 and 409 I.P.C., and Section 3 of the Official Secretes Act, 1923, pending before the court of Chief Judicial Magistrate, Almora. Earlier, Criminal Miscellaneous Application No. 4747 of 2000 (new no. 634 of 2007) filed under section 482 of Cr.P.C., was filed before Allahabad High Court, which was dismissed by this Court on 10.03.2010, on merits, after hearing the learned counsel for the parties. The present petition is second petition, challenging the same criminal proceedings pending before the trial court since 1999. Learned counsel for the petitioner submitted before this Court that earlier petition was dismissed by this Court on the ground that the factual disputes cannot be determined in the proceedings under section 482 of Cr.P.C. Now, it is contended that impugned proceedings are initiated without obtaining sanction as required under section 197 of Cr.P.C. This plea was available to the petition when the first petition was filed under section 482 of Cr.P.C. In the above circumstances, this court is not inclined to interfere with the trial of the old case. Accordingly, without expressing any opinion as to final merits of the case, the petition under section 482 of Cr.P.C., is dismissed with the observation that the plea relating to sanction for prosecution and the plea relating to defective, incompetent investigations may raised before the trial court. It is further observed that on petitioner’s surrendering before the court concerned, warrant issued against him shall stand withdrawn. (P.C. P., J) Parul 24.06.2010