C-482 No. 296 of 2010 With Stay App. No. 311 / 10 Hon. Prafulla C. Pant, J. Mr. S.K. Mandal, Advocate present for the petitioner. Mr. M.A. Khan, Brief Holder present for respondent No. 1 / State. By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973, the petitioner has sought quashing of the proceedings of Criminal Case No. 749 of 2009 (old No. 558 of 2007), Smt. Sudha Pathak Vs. Ajay Yadav and others, relating to offences punishable under Section 392, 452, 323, 504, 506 of I.P.C., police station Khatima, pending in the court of Addl. Judicial Magistrate, Khatima, District Udham Singh Nagar. Heard learned counsel for the petitioner and learned Brief Holder for the State. Learned counsel for the petitioner submitted that the ingredients of the offence punishable under Section 392 of I.P.C. are not made out. Perusal of the first information report discloses that it is alleged by the complainant / respondent No. 2 that accused (including the petitioner) entered forcibly in her house and snatched her gold ear-ring, and in the process her earlobe got cut. Considering the facts and circumstances and the papers on record, this Court is not inclined to interfere with the trial of the case, which is pending since 2007. Therefore, without expressing any opinion as to the final merits of the case, the petition under Section 482 of Cr.P.C. is dismissed summarily with the observation that if the petitioner surrenders before the court concerned, and moves application for bail, his bail application shall be heard and disposed of without unreasonable delay. (Stay Application No. 311 of 2010 also stands disposed of). (Prafulla C. Pant, J.) 09.04.2010 HN 2