1. - By way of the misc. petition, petitioner Mohd. Hussani s/o. Mohd. Sadiq Teli r/o.Ward No.23, Ratangarh, Distt. Churu has prayed to quash the proceedings initiated against the petitioner under Sections 82 and 83 of the Criminal Procedure Code Although in the relief clause it has been averred that petitioner has only prayed to restore the proceedings initiated after discharge by the learned trial court but in ground No.9 of the petition it has been specifically averred that proceedings initiated against the petitioner under Sections 82 and 83 deserve to be quashed.

2. The brief facts arising out of this petition are that on 27.03.1995 a charge sheet was filed against the petitioner for offence under Section 279 of the Indian Penal Code and on 22.08.1996 the learned trial court on the basis of Common Cause Society judgment dropped the proceedings and discharged the petitioner. However, on dated 13.06.1997, the learned trial court suo moto reopened the case of the petitioner on the basis of judgment of the Hon'ble Apex Court while reviewing the earlier order of Common Cause Society judgment. The summons were issued against the petitioner but it could not be served. On 27.0