( 1 ) NADEEM alias S. M. Nusrat Ali has approached this Court under Cr. P. C. with the prayer that the trial pending in the court of judicial Magistrate II, Budaun arising out of Crime No. 80 of 1978 in the form of Case No. 780 of 1980, State v. Nadeem be quashed.

( 2 ) SRI V. K. Chaturvedi, learned counsel for the applicant has been heard at great length in support of this application who has relied upon the affidavit and the rejoinder affidavit filed by his client. Sri Akhtar Hussain, learned A. G. A has been heard on behalf of the State of U. P. who had filed counter, affidavit sworn by Sri Udai Pratap Singh, sub-Inspector, Police Station-Dhanari, District-Budaun.

( 3 ) THE uncontroverted facts are that a dacoity was committed on 6. 6. 1978 when one Ram Charan Singh was looted around 10. 30. A. M. between Babrala and Bhajohi villages falling within police station, Bhajohi, district Budan. It is alleged that Ram Charan Singh had a rifle, a revolver and few cartridges at that time which were also looted. This case was duly registered at the police stationbhajohi, Budaun and was duly investigated.

( 4 ) IT transpires that on 25/26. 12. 1978 one Badshah was arrested by