Heard Sri M. L. Syal, Advocate from the side of the petitioner and Sri Munish Kumar Singh from the side of the State.

2. This petition has been moved under Section 482 Cr. P. C. for quashing of the proceedings of Case No. 2815 of 1998, arising out of Criminal Case No. 1/93 under Sections 302, 307 I. P. C. , P. S. Manjhila, District Hardoi, State v. Muneshwar Singh.

3. It appears that a report was lodged by one Nankai against four accused persons including petitioner. Alleging that they made fire shot on spot hitting his brother Chiranju and his father when tried to intervene, he was also assaulted. His brother and father died on the spot. Nankai is also injured witness in this case. After investigation, the police submitted a charge-sheet against two co-accused and the investigation against Muneshwar remain continued. The trial of the two charge-sheeted co-accused proceeded and after committal of the case, the accused persons Aasaram and Balbeer were acquitted by the III Additional District Judge, Hardoi, vide order dated 9-8-1999. Meanwhile, charge-sheet was submitted by the Investigating Officer against Muneshwar the present petitioner. The learned Magistrate to