Shiv Kumar Sharma, J. - (1.) Accused petitioner in this second inning of the proceedings has now sought relief to quash FIR No. 263/97 registered against him and other co-accused persons at Police Station Sadar under sections 406 and 420 of the Indian Penal code. In the first inning, the accused petitioner had submitted anticipatory bail application bearing S.B. Criminal Misc. Bail Application No. 4126/97 under section 438 Cr.PC. and this Court (Hon'ble V.K. Singhal, J. as he then was) vide order dated 26.9.1997 directed as under- "The learned counsel for the petitioner submits that he was not connected and has no relation except that he was in service as a clerk with the society in 1972 and he has falsely been implicated. I have considered over the matter. In the application under section 438 Cr.PC., all these matters can not be examined. The petitioner may surrender before the trial court may consider the application of the petitioner under Section 439 Cr.RC."
(2.) The accused petitioner did not surrender himself before the trial court but initiated instant proceedings raising the said arguments amongst others, which were raised earlier.
(3.) I have reflected over the rival submissions and carefully scanned the case diary.;