ABDUL MOIN,J. - (1.) Heard learned counsel for the petitioner, learned Additional Government Advocate for the State and Sri K.N. Mishra, learned counsel appearing for respondent no. 2 and perused the material available on record.
(2.) The present petition has been filed by the petitioner under Section 482 Cr.P.C , 1973inter-alia praying for quashing of the order dated 28th August, 2008, passed by the learned Special Judge (SC ST Act), Gonda in Special Sessions Trial No. 73 of 2003-(State v. Gopi Nath and Ors ), in-re Criminal Case No. 120 of 1999, under Sections 419, 420, 467, 468, 447 I.P.C and Section 3 (1) (5) SC ST Act, Police Station-Kotwali Dehat, District-Gonda, by which the learned Trial Court, after considering the evidence on record has directed for summoning of the petitioner-Pehalwan Shukla, under the provisions of Section 319 Cr.P.C , 1973and fixed the matter on 11.09.2008. In the said case, the other accused are Gopi Nath Ojha, Prem Nath Ojha and Swami Nath Ojha, all sons of Ganesh Dutt.
(3.) This Court vide order dated 07.01.2009 stayed the proceedings of the Sessions Trial No. 73 of 2003-(State v. Gopi Nath and Ors) qua the petitioner. The said stay order is still continuing.;