IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL MISC. APPLICATION (C-482) No. 11 of 2011 Jitendra Arora S/o Late Kasture Lal Arora R/o Paith Parao, Ramnagar, District Nainital ………………..Applicant Versus 1. State of Uttarakhand through Secretary Home, Dehradun, 2. Ramesh Chawla S/o Shri Hansraj Chawla R/o B-32, Vishal Enclave, New Delhi ………….Opposite parties Shri Vishal Gusain Advocate, with Shri Raveendra Singh Bisht, Advocate, present for the petitioner Shri Amit Bhatt,A.G.A, present for the State Hon’ble Prafulla C. Pant, J. Heard. (2) By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, (for short of Cr.P.C), the petitioner has sought quashing of the proceedings of Criminal Case No. 131 of 2010 State 2 vs. Parmanand and others, relating to offences punishable under section 420, 467, 468, 471, 120B I.P.C., pending in the court of Judicial Magistrate, Ramnagar. (3) It is admitted that earlier Criminal Misc. Application No. 99 of 2010 was moved by the same petitioner challenging the same proceedings of Criminal Case No. 131 of 2010, which was dismissed by this court on merits on 18.02.2010, (copy Annexure-3 to the petition). Fresh petition has been moved against the same proceedings. (4) Learned counsel for the petitioner placed reliance on the principle of law laid down in Superintendent vs. Mohan Singh and others, AIR 1975 Supreme Court 1002 and submitted that there is no bar in moving the second application. Assuming for a moment that the second application can be maintained, but in the facts and circumstances of the present case, this court is not inclined to interfere with the proceedings of the trial. 3 (5) It is pertinent to mention here that only new ground taken by the petitioner is that the civil suit by the complainant has been dismissed by the trial court. However, it is not clear whether any party aggrieved had challenged said decree or not, or whether such decree has attained the finality, or not. (6) For the reasons as discussed above, the petition under section 482 of Cr.P.C., is dismissed summarily with the observation that if the petitioner Jitendra Arora surrenders before the court concerned, his bail application shall be heard and disposed of without unreasonable delay. (Prafulla C. Pant, J.) Dt.05.01.2011 Nahid 4