Criminal Miscellaneous No.5768 OF 1998 ---- In the matter of an application under Section 482 of the Code of Criminal Procedure. ---- 1. NARESH SAO SON OF LATE DEVAN SAO 2. SUNITA DEVI ALIAS GOURI(DEVI)WIFE OF NARESH SAO BOTH OF VILLAGE –GORAKSHINI RAJGIR, RAJGIR,DISTRICT NALANDA ------------ PETITIONERS VERSUS 1. STATE OF BIHAR 2.RENU DEVI WIFE OF MAHESH SAO OF VILLAGE GORAKSHINI RAJGIR, P.S.RAJGIR,DISTRICT NALANDA --------- OPP.PARTIES ----- For the petitioners: Mr. Shashi Nath Thakur and Mr.Ajit Kumar For the State: APP. P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR ------ Rakesh Kumar,J. Heard learned counsel for the petitioners and the State. Both the petitioners have challenged the order dated 18.02.1998 passed in Complaint Case No. 711-C of 1998 by Sri Om Prakash, Judicial Magistrate, Nalanda at Biharsharif. By the said order the learned court has taken cognizance of the offences under Section 323, 498A and 379 of the Indian Penal Code. After filing of the complaint petition, the complainant was examined on solemn affirmation and thereafter the witnesses were examined. On the basis of the materials brought on record the learned court below had taken cognizance of the offences as mentioned above. I do not find any error in the impugned order. Moreover, the complaint petition itself discloses commission of cognizable offence. 2 In this case by an order dated 20.3.1998 further proceeding in the court below was directed to remain stayed. In view of rejection of this petition, the interim order of stay granted on 20.3.1998 stands automatically vacated. Let this order be communicated to the court below forthwith. Patna High Court The 19th March,2010 Md.S./NAFR. ( Rakesh Kumar, J.)