1. Heard Sri D.S. patni, learned counsel for the applicant and learned A.G.A. for the State.

2. By means of this fresh petition, petitioner has sought quashing of proceedings arisen out of charge sheet dated 30.8.1992 (annexure 5) registeed as Criminal Case no. 1552 of 1992 in the Court of Chief Judicial Magistrate, Nainital, State Vs. Vivek Singh.

3. Brief facts of the case are that in respect of some incident dated 12.6.1991, complainant lodged some First Information Report against present petitioner and another accused Rajeev Chaudhary, which was registered as Case Crime No. 179 of 1991, relating to offences punishable Section 307/34 of I.P.C. with Police Sation Mallital Nainital. It appears that after investigation a charge sheet was filed against petitioner Vivek Singh and co-accused Rajeev Chaudhary for their trial in respect of the offence allegedly committed by them punishable under Section 307 read with 34 of I.P.C. The Magistrate took cognizance on said charge sheet. However, meanwhile, it appears that a petition under Section 482 of Cr.P.C. (no. 3233 of 1998) was filed before Allahabad High Court by present petitioner Vivek Singh, seeking quashing of the aforesa