IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Crl. Misc. Application No. 231 of 2010 Balveer Singh Negi S/o Sri Ludar Singh Negi R/o Village Bareti Patti Bisht, Post Office Dharashu, District Uttarkashi. ...…………. Petitioner Versus State of Uttarakhand ...…………. Respondent Mr. Lokendra Dobhal, Advocate for the petitioner. Mr. Prabhakar Joshi, Brief Holder for respondent State. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the parties. 2) By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), the petitioner has sought quashing of the proceedings of Criminal Case No. 08 of 2009, relating to Section 344 of Cr.P.C., State Vs. Balveer Singh Negi, pending in the court of Sessions Judge, Uttarkashi. 2 3) Learned counsel for the petitioner drew attention of this Court to the fact that the convicts Surendra Singh Nath and others, have preferred an appeal against the judgment and order dated 10th of August 2009, passed by Sessions Judge, Uttarkashi, in Sessions Trial No. 13 of 2007, which is registered as Criminal Appeal No. 126 of 2009, in this Court. Attention of this Court is drawn to sub Section (4) of Section 344 of Cr.P.C., which reads as under: “Where, after any action is initiated under sub- section (1), it is made to appear to the Court of Session or Magistrate of the first class that an appeal or an application for revision has been preferred or filed against the judgment or order in which the opinion referred to in that sub- section has been expressed, it or he shall stay further proceedings of the trial until the disposal of the appeal or the application for revision, as the case may be, and thereupon the further proceedings of the trial shall abide by the results of the appeal or application for revision.” 4) In view of the above provision, considering the fact that the convicts have filed an appeal, the learned Sessions Judge (trial court) cannot proceed with the trial of the present petitioner under Section 344 of Cr.P.C. 3 5) Therefore, this petition under Section 482 of Cr.P.C. is disposed of with the direction that the trial court (Sessions Judge, Uttarkashi) shall not proceed further with the trial of the petitioner, relating to offence punishable under Section 344(1) of Cr.P.C. (Criminal Case No. 08 of 2009), till the disposal of the Criminal Appeal No. 126 of 2009, by this Court. (Prafulla C. Pant, J.) Dt. March 17, 2010. H. Negi 4