JUDGMENT :

Heard Mr. A.K. Kashyap, learned Senior counsel appearing for the petitioner and Mr. Vineet Kumar Vashistha, learned A.P.P. for the State.

2. This petition has been filed for quashing the order dated 10.01.2022 passed by the learned Sub Divisional Judicial Magistrate, Gumla in Spt. G.R. Case No.639/1992 arising out of Ghaghra P.S. Case No.70/1992, pending in the court of the learned Sub Divisional Judicial Magistrate, Gumla.

3. Mr. A.K. Kashyap, learned Senior counsel appearing for the petitioner submits that the petitioner has earlier moved before this Court in Cr.M.P. No.403 of 2016 which was filed for examination of one witness under Section 311 Cr.P.C. The said petition was disposed of vide order dated 07.12.2021 with direction that the petitioner on the date fixed by the trial court will examine P.W.3. He further submits that on 14.12.2021, the said P.W.3 was recalled and on the same day he was examined by the petitioner and thereafter P.W. 3 was discharged. He also submits that a petition was filed on behalf of the accused to exhibit mark the Departmental Enquiry report dated 20.10.1995 by which the petitioner was exonerated by the departmental proceeding. He further s