CRIMINAL MISCELLANEOUS No.7561 OF 2001 In the matter of an application under Section 482 of the Code of Criminal Procedure ------------ Surendra Sharma, Son of Late Pramhansh Singh, resident of Village- Nisarpura, Rani Talab, Police Station- Vikram, District-Patna, present address Belaour, Police Station-Udwant Nagar, District-Bhojpur ---- Petitioner Versus 1. Dharichhan Choudhary , Son of Sheo Narain Choudhary, resident of Village- Belaur, P.S. Udwant Nagar, District- Bhojpur 2. The State of Bihar -------------- Opp.Parties. --------- For the petitioner: None For the State : Sri Matloob Rab, A.P.P. ----------- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR Rakesh Kumar, J. Today again, when the case was called out, none appeared on behalf of the petitioner either to press this petition or to make a prayer for adjournment. Yesterday also (i.e. on 11.08.2010) none had appeared on behalf of the petitioner when the case was called out. However, the case was adjourned for the day with an indication that no further adjournment shall be granted. While adjourning the case, it was also noticed that in this case interim order of stay was continuing since 04.12.2001. 2. I have heard Sri Matloob Rab, learned Addl. Public Prosecutor appearing on behalf of the State. I have also perused the materials available on record. 3. The petitioner has filed the present petition against the order dated 25.11.2000 passed by the learned District & Sessions Judge at Ara in Cr.Revision No.180 of 2000, which was preferred by Opp.Party 2 no.1 against the order dated 30.3.2000 passed by the learned Chief Judicial Magistrate, Ara in Official Complaint Case No.2 (C) of 2000 arising out of Udwant Nagar P.S. Case No.98 of 1999, G.R.No.1169 of 1999. By the said order, the learned Magistrate had taken cognizance of offences under Sections 182 and 211 of the Indian Penal Code. 4. Short fact of the case is that the petitioner had filed a written report before the Officer Incharge of Udwant Nagar Police Station and on that basis an F.I.R. Vide Udwant Nagar P.S.Case No.98 of 1999 was registered under Sections 447,307 and 504 of the Indian Penal Code and Section 27 of the Arms Act. During investigation, it was found that the written report was falsely filed by the informant-petitioner and, as such, final form was submitted and also prosecution report for prosecuting the petitioner under Sections 182 and 211of the Indian Penal Code was filed. The petitioner filed a protest petition, which was treated as complaint petition and the same was numbered as Complaint Case No.1117C of 1999. After filing of the complaint petition, the petitioner left pairvi and he did not appear on several dates .Finally the complaint petition was rejected and the prosecution report, which was submitted by the police, was treated as Official complaint and the learned Magistrate after examining the materials on record took cognizance of offences under Sections 182 and 211 of the Indian Penal Code. Against the order of cognizance, a revision Vide Cr.Revision No.180 of 2000 was filed and the revisional court, i.e. the District & Sessions Judge, Bhojpur at Ara examined the revision petition and after assigning a detailed reason has rejected the revision petition. 3 5. On perusal of materials available on record, this Court is of the view that it is not a fit case for exercising inherent jurisdiction in favour of the petitioner and the petition stands rejected. 6. Keeping in view the fact that the matter remained pending for a long time before this Court, it is desirable to direct the court below to proceed with the case without any delay and take steps to conclude the same as early as possible. 7. With the above observation and direction the petition stands rejected. In this case earlier lower court record was called for and received. Office is directed to remit back the lower court record along with a copy of this order to the court below forthwith. Patna High Court,Patna Dated : the 12th August,2010 Nawal Kishore Singh/ N.A.F.R. ( Rakesh Kumar, J )