1. This is an application under Section 561-A, Criminal Procedure Code for quashing the proceedings pending before the District Magistrate, Pithoragarh. A complaint had been filed by the respondent against the petitioner on 23-8-1969 alleging that the petitioner had committed offences under Sections 323 and 448. Indian Penal Code on August 20, 1969. The case is still pending and the trial has not concluded.

2. Learned Counsel has urged that the proceedings be quashed because cognizance taken by the Magistrate was not in accordance with law and the trial is proceeding in a court which has no jurisdiction. The other contention is that the protracted nature of the trial is itself sufficient for quashing the proceedings. In support of the first contention he has relied on Section, 35 of the Police Act and Regulation 488 of the Police Regulations. Section 35 of the Police Act reads as under :-

"Jurisdiction - Any charge against a police Officer above the rank of a constable under this Act shall be enquired into and determined only by an officer exercising the powers of a Magistrate."

Section 35, as it expressly states applies only to charges under the Police Act. The charge for wh