U.C. Dhyani, J.

1. The applicant, by means of present Application under Section 482 Cr.P.C., seeks to quash the chargesheet no.355/2008 and summoning order dated 01.12.2008 passed by the Additional Chief Judicial Magistrate, Kashipur, District Udham Singh Nagar in Criminal Case No.2146 of 2008 titled as State vs. Mahesh Yadav under Section 306 IPC. The applicant also seeks to quash the proceedings of the aforementioned criminal case pending before the said court.

2. An FIR was lodged by respondent no.2 against the applicant on 07.04.2008 at R.O.P. ITI Kashipur, which was registered as case crime no.178/2005 under Section 306 IPC. After the investigation, a chargesheet was filed against the accused-applicant for the selfsame offence. Cognizance was taken on the said chargesheet and accused applicant was summoned to face the trial for the aforesaid offence, vide order dated 01.12.2008. Aggrieved against the same, present application under Section 482 Cr.P.C. was preferred by the applicant.

3. A perusal of the first information report shows that Assistant Sub-Inspector Yaadram Singh (complainant) informed the police that he saw a dead body lying near Dronsagar and there was a sui