Criminal Miscellaneous No.23833 OF 1998 In the matter of an application under Section 482 of the Code of Criminal Procedure -------------- Sukhdeo Das, Son of Late Shiv Balak Das, the then General Manager, Bihar State Sugar Corporation, Lohat Unit, Madhubani, presently posted as Deputy Transport Commissioner-cum-Secretary, Regional Transport Authority, South Chotanagpur, Ranchi ----------------- Petitioner Versus 1. THE STATE OF BIHAR 2. The Marketing Supervisor , Bihar Agriculuture Produce Market Committee, Jainagar, District-Madhubani --- Opp.Parties. --------------- For the petitioner : None For the State : Mr. Sunil Kumar Pandey, A.P.P. ---------------- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR Rakesh Kumar, J. On repeated calls, none appeared on behalf of the petitioner either to press this application or to make a prayer for adjournment. 2. In this case, by order dated 5.1.1999, while issuing notice to Opp.Party no.2, this Court had directed that until further order, further proceedings, so far the petitioner is concerned, shall remain stayed. Subsequently, on 6.4.1999 the present petition was admitted for hearing and this Court had directed that further proceedings in case No.G.O.1/94 as regards the petitioner, in the court below shall remain stayed. The order of stay is still continuing. 3. On 25.3.2010 this case was called out, but none had appeared. However, the case was adjourned. Today, again on call, none has come forward to press this petition. 4. The sole petitioner, while invoking inherent jurisdiction 2 of this Court under Section 482 of the Code of Criminal Procedure , has prayed for quashing of the order dated 20.2.1995 passed by the learned Chief Judicial Magistrate in G.O. No.1/94. By the said order, the learned Magistrate has taken cognizance for offence under Section 48 of the Bihar Agricultural Produce Market Act, 1960. 5. I have perused the materials available on the record as well as order of cognizance dated 20.2.1995. The learned Magistrate on the basis of prosecution report, in which sanction was already granted by the competent authority, has taken cognizance of the offence alleged. I do not find any defect in the order of cognizance. 6. There is no merit in the application and, accordingly, the petition is rejected. 7. In view of the rejection of the present petition, the interim order of stay stands automatically vacated. Let a copy of this order be sent to the court below forthwith. Patna High Court,Patna Dated : the 26th April,2010 Nawal Kishore Singh/ N.A.F.R. ( Rakesh Kumar, J )