C482 No. 609 of 2011 Hon'ble Prafulla C. Pant, J. Dr. N.L. Pandey, Advocate, with Shri S.K. Mishra, Advocate, present for the petitioner. Shri T.C. Agarwal, A.G.A., present for the State. Heard. By means of this petition moved under section 482 of Cr.P.C., the petitioner has challenged the order dated 10.05.2011, passed by Chief Judicial Magistrate, Tehri Garwal, in criminal case no. 449 of 2007. Learned counsel for the petitioner submitted that co-accused Prakash Singh, Raju, Abhishek Tiwari and K.K. Pandey have been acquitted by the trial court (Sessions Judge, Tehri Garwal) vide its order dated 19.11.2008, in Sessions Trial No. 26 of 2006. It is further submitted that it is a case of stare decisis , and the petitioner Shakeel Ahmad cannot be convicted in respect of offences punishable under section 394/120B IPC. It is a case of dare devil robbery . The present petitioner Shakeel Ahmad had yet not surrendered before the court concerned. Once he surrenders and put to trial, he can claim that his case is covered by principle of stare decisis. By the impugned order the Chief Judicial Magistrate has refused to withdraw the non bailable warrants issued against the petitioner as he has yet not surrendered. It is required to be examined by the trial court during trial whether petitioner's case is similar to those acquitted or not. In the above circumstances, this Court is of the view this petition is devoid of merits. Therefore, without expressing any opinion as to final merits of the case, the petition under section 482 Cr.P.C., is dismissed summarily. (Prafulla C. Pant, J.) Parul 13.07.2011