Hon’ble Shiv Charan, J.—Heard learned Counsel for the applicant learned AGA for the State and perused the entire facts of the case.

2. The instant application has been moved under Section 482, Cr.P.C. for quashing the proceedings of complaint case No. 2972 of 2006 under Section 193 IPC pending in the Court of Judicial Magistrate, III Shahjahanpur.

2. From the perusal of the documents filed as Annexures with the application under Section 482 Cr.P.C. shows that an application was moved by Ram Sewak applicant in the Court of CJM Shahjahanpur for transfer of Crl. Case No. 2178 of 2004 from the Court of Civil Judge/(JD) Tilhar to some other competent Court. It has also been alleged in the application that the Court of Civil Judge (JD) Tilhar is lying vacant for the last several months and one cross case S.T. No. 803 of 2004, State v. Ram Sewak and others, under Sections 147, 148, 149, 352, 504 and 506, IPC P.S. Khudaganj District Shahjahanpur is pending in the Court of 1st Addl. Sessions Judge. As it was a fact that the Court of Civil Judge (JD) Tilhar was lying vacant and CJM transferred the case to the Court of ACJM III Shahjahanpur vide order dated 3.5.2006. Thereafter Ram Das