Criminal Miscellaneous No.14849 OF 1999 In the matter of an application under Section 482 of the Code of Criminal Procedure ---------- Shankar Shah,Son of Late Sunder Shah, resident of Vill- Nabhas,P.S. Hajipur( Town), District- Vaishali ---------------- Petitioner Versus 1. THE STATE OF BIHAR 2. Neeraj Chaudhary, S/O Bimal Chaudhary, resident of Vill- Naphas, P.S. Hajipur ( Town) District- Vaishali ------------ Opp.Parties. ---------- For the petitioner: None For the State: Mr. Shailendra Kumar, Advocate ------------ P R E S E N T THE HON'BLE SHRI JUSTICE RAKESH KUMAR Rakesh Kumar, J No one appears on behalf of the petitioner. 2. The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 ( hereinafter referred to as “the Cr.P.C.”), has prayed for quashing of the order dated 9.3.1999 passed by Sri S. Akhtar, Judicial Magistrate,2nd Class, Hajipur , Vaishali in Complaint Case No.C-12326 of 1998. By the said order, the learned Magistrate had taken cognizance for the offences under Sections 323,380 and of the Indian Penal Code. 3. It appears from the petition that the petitioner, while challenging the impugned order, has taken a stand that the father of Opp.Party no.2 was tenant of the petitioner and there were some dispute in relation to tenancy and, as such, an eviction case was filed. Eviction suit was decreed in favour of 2 the petitioner and thereafter the present case was filed by the complainant, who is son of the tenant of the petitioner. 4. I have examined the complaint petition as well as order of cognizance. I do not find any error in the impugned order. So far as the defence, which has been taken by the petitioner in the present petition can be taken at an appropriate stage before the court below. This Court is not required to examine all those defence at this stage. 5. Accordingly, I do not find any merit in the present petition and the petition stands rejected. 6. In this case vide order dated 8.9.1999, while issuing notice to Opp.Party no.2 to show cause, this Court had directed that in the meantime, further proceeding of Complaint Case No.C-12326 of 1998 pending in the court of Sri S.Akhtar , Judicial Magistrate, 2nd Class, Vaishali at Hajipur, shall remain stayed. Subsequently, on 14.1.2000, the petition was admitted for hearing and it was directed that further proceedings in the court below shall remain stayed as against the petitioner. The interim order of stay is still continuing. 7. In view of rejection of this petition, order of stay stands automatically vacated. Let a copy of this order be communicated to the court below forth with. Patna High Court,Patna Dated : the 5th April,2010 Nawal Kishore Singh/ N.A.F.R. ( Rakesh Kumar, J )