O R D E R

The petitioner is the defacto complainant in a prosecution alleging offence punishable inter alia under Section 326 IPC. On an information lodged by him, crime No.212/06 of Manjeswar Police Station was registered. After completing investigation, the final report was filed and cognizance was taken against some accused persons. It is submitted that the trial in that case has already commenced and the same is at the fag end of trial.

2. In these circumstances, the 1st respondent herein, who is the first accused in that crime, has filed a private complaint and the learned Magistrate has taken cognizance of the same as CC No.5 /08. In that complaint, the complainant had alleged that the petitioner and three others had allegedly attacked him and had committed offences against him and others. The petitioner has now come to this Court with a prayer that the prosecution initiated against the petitioner and others may be quashed invoking the powers under Section 482 Cr.P.C.

3. What is the ground? The only ground urged by the learned counsel for the petitioner is that though the incident in that case was taken place on 10.07.06 and crime No.212/06 was registered on 11.07.06, this priva