Criminal Miscellaneous No.14447 OF 1998 In the matter of an application under Section 482 of the Code of Criminal Procedure --------------- RAJENDRA SINGH, Son of --------------------- at present Sub Inspector of Police, posted at Ariari Police Station, P.S. Ariari in the district of Sheikhpura ------ Petitioner Versus 1. THE STATE OF BIHAR 2. Anandi Prasad, Son of Kamleshwari Prasad Singh,resident of Village-Kemra, P.S. Ariyari in the district of Sheikhpura -------------- Opp.Parties ----------------- P R E S E N T THE HON'BLE SHRI JUSTICE RAKESH KUMAR Rakesh Kumar, J Nobody appears on behalf of the petitioner either to press this application or to make a prayer for pass over. The present petition has been filed against the order dated 12.1.1998 passed by the learned Judicial Magistrate, 1st Class, Sheikhpura in Case No.11C/97, whereby the learned Magistrate had taken cognizance for offence under Section 465 of the Indian Penal Code and ordered to issue summons. The petitioner had also prayed for quashing of the entire prosecution. The present petition was firstly heard on 6.8.1998. While issuing notice to Opp.Party no.2 for filing show cause, this Court had directed that pending hearing in the admission - 2 - matter, further proceeding in Complaint Case No.11C/97 pending in the Court of Sri A.N.Upadhayaya, Judicial Magistrate, 1st Class, Sheikhpura, shall remain stayed. Subsequently, by order dated 3.8.1999 the petition was admitted for hearing and it was directed that during the pendency of this application, further proceedings in the court below shall remain stayed. Now when the case was called out, none has come forward to press this petition. I have seen the complaint petition, which indicates that the petitioner had made interpolation/forgery by way of substituting the date in an application which was submitted by the complainant. The complainant was examined on S.A. and thereafter one witness was examined by the complainant. The order impugned ,i.e. the order dated 12.1.1998 makes it clear that the learned Magistrate , while taking cognizance , had examined the materials available on the record and after being fully satisfied that prima facie offence was made out, the court had taken cognizance of offence. I do not see any error in the order of cognizance. - 3 - Accordingly, the petition stands rejected. In view of the rejection of this petition, the interim order of stay stands automatically vacated. Let this order be communicated to the court below forthwith. Patna High Court, Patna Dated : the 23rd March,2010 Nawal Kishore Singh/N.A.F.R. ( Rakesh Kumar, J)