This petition under Section 482, Cr. P. C. seeks quashing of the proceedings pending in the Court of Xllth Addl. Chief Judicial Magistrate, Lucknow consequent to the charge-sheet filed on 11-2-1994.

2. The First Information Report was lodged by the opposite party No. 5 against the petitioner on 21-9-93 at Police Station Hussain Ganj, Lucknow. The petitioner chal lenged that Report in Writ Petition No. 5547 (M/b) of 1993 and an interim order was passed on 9-12-1993 by which the arrest of the petitioner was stayed. After conclusion of the investigation, a charge-sheet appears to have been filed in the Court of Xllth Addl. Chief Judicial Magistrate, Lucknow. The proceedings consequent to the said charge-sheet have been challenged by this petition.

3. Opposite Party No. 5 appeared in this Court through Counsel on 16-3-1994 and was granted two weeks time for filing counter-affidavit, on 12-4-1994 the case was listed again, being the date fixed on 16-3-1994. The opposite party No. 4 did not appear. No counter-affidavit has been filed.

I have heard learned Counsel for the petitioner.

4. The main contention raised on behalf of the petitioner firstly was that in the case wh