M. S. A. Siddiqui, J.

( 1 ) BY this petition under section 482 read other Sections 397/401 Cr. P. C. , the petitioner seeks quashing of the order dated 26. 10. 1998 passed by the Addl. Sessions Judge, New Delhi in S. C. No. 203/96 framing charge under Sections 302/34 IPC against the petitioner.

( 2 ) ASHORT conspectus of the case is that the petitioner alongwith the accused persons Jangli Tyagi, Balbir Singh, Lakshmi Chand, Anil Kumar Tyagi and Sushil Kumar were charge-sheeted under Sections 147/148/302/149 IPC. Trial of the case against the petitioner and Lakshmi Chand proceeded under Section 299 Cr. P. C. due to their abscontion during the trial. However, by the judgment dated 19. 1. 1998, the learned Addl. Sessions Judge, acquitted the accused Jangli Tyagi, Balbir Singh, Anil Kumar Tyagi and Sushil Kumar Tyagi of the offences charged under Sections 148/302/149 IPC. After the said judgment, the petitioner surrendered himself before the learned Addl. Sessions Judge and sought his discharge on the ground that the other accused persons stand acquitted of the offences charged under sections 148/302/149 IPC. Rejecting the said prayer, the learned Addl. Sessions Judge framed a charge u

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