IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL CRIMINAL MISC. APPLICATION (C-482) No. 850 of 2011 Charan Singh S/o Bhura Singh R/o Village Dandi Durjan P.S.Bhagatpur, District Moradabad (U.P) ………………..petitioner Versus Dr. M.P. Singh S/o Sri Mahendra Singh R/o M.P.Nurshing Home Mohalla Chauhanan, Jaspur District Udham Singh Nagar …..............Opposite party Shri Ashish Joshi, Advocate, present for the petitioner Shri D.K.Sharma, Advocate, present for the respondent Hon’ble Prafulla C. Pant, J. Heard. (2) By means of this petition, moved under section 482 of Code of Criminal Procedure, 1973, the petitioner has sought quashing of the proceedings of 2 Criminal Complaint Case No. 712 of 2010, Charan Singh vs. Dr. M.P.Singh, relating to offence punishable under section 304 I.P.C., pending in the court of Additional Chief Judicial Magistrate, Kashipur. (3) Learned counsel for the petitioner submitted that relating to the incident in question earlier First Information Report was got lodged by the petitioner Charan Singh, on the basis of which F.I.R. No. 2043 of 2006 was registered relating to offence punishable under section 302 I.P.C. The incident relates to death of minor daughter of the complainant. In the post mortem examination cause of death could not be ascertained. After investigation, police submitted final report. The respondent Dr. M.P.Singh, who was an accused, after he surrendered before the court concerned, was granted bail by this court. However, after the final report was submitted by the police, the petitioner filed criminal compliant No. 125 of 2009, which was dismissed for non prosecution on 10.02.2010. Again the petitioner filed 3 another criminal complaint no. 712 of 2010, relating to same incident, on which after recording statements of the complainant under section 200 and that of witness Urmila under section 202 of Cr.P.C., summon the accused Dr. M.P.Singh, to face the trial in respect of offence punishable under section 304 of I.P.C., vide its order dated 17.03.2011. At this stage, complainant, who is the petitioner before this court has himself prayed that the criminal complaint filed by him may be quashed. In this connection, it is pointed out on behalf of the complainant that complainant himself moved an application under section 257 of Cr.P.C., to withdraw the complaint. (4) Section 257 of Cr.P.C., is part of Chapter XX of the code, which pertains to trial of summons cases. The Additional Judicial Magistrate, Kashipur, has rejected said application vide 22.07.2011, on the ground that since the offence punishable under section 304 of I.P.C., is a case of triable by Sessions Court, as such, the application under section 4 257 of Cr.P.C., can not be allowed. This court does not find any illegality in the order, and application to withdraw the complaint under section 257 of Cr.P.C., was rightly rejected as it was not a summons case. (5) Having considered submissions of learned counsel for the parties, and after going through the papers on record, in the facts and circumstances of the case, this court thinks it just and proper that instead of quashing of proceedings it is proper to direct court to proceed further and commit the case without delay, so that the statements of the petitioner (complainant) and Smt. Urmila can be recorded without unreasonable delay. (6) Therefore, the petition under section 482 of Cr.P.C., is summarily disposed of with the direction to the Magistrate, to commit the case without delay to the court of Sessions, so that after hearing of charge if the charge is framed, prosecution witnesses can be examined in this old case. This court has no hesitation in 5 observing while disposing of this petition that since the respondent Dr. M.P.Singh (accused) is already on bail relating to offence punishable under section 302 of I.P.C., in respect of same incident, he shall not be required to seek fresh bail in an offence punishable under section 304 of I.P.C., which is minor in nature, to the one with regard to which he has been granted bail. (Prafulla C. Pant, J.) Dt.16.09.2011 N.P