CRIMINAL MISCELLANEOUS No.188 OF 2002 -------- In the matter of an application under section 482 of the Code of Criminal Procedure. ------- 1.RAM PRAVESH SAO son of late Fagu Sao 2.Daya Nand Sao son of Sri Ram Pravesh Sao 3.Sevanand Sao son of Sri Ram Pravesh Sao 4.Leelu Devi wife of Sri Ram Pravesh Sao 5.Arjun Sao son of Sri Bifan Saw All are resident of village-Sangatpur, P.S.-Masaurhi District-Patna 6.Satrughan Saw son of late Lakhan Saw 7.Santosh Kumar son of Sri Satrughan Saw Both resident of village-Ganga Chak Malkana, P.S.-Masaurhi, Dist.-Patna. ……… …….Petitioners Versus 1.STATE OF BIHAR 2.Sri Bhagwan Bishwakarma son of late Mewa Mistri, Village-Lakhi Bagh, P.S.-Masaurhi, Dist.-Patna. ……. …….Opp.Parties. -------- For the petitioners: None For the State: Mrs. Indu Bala Pandey, A.P.P. ------- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR Rakesh Kumar,J. When the case was called out none appeared on behalf of the petitioners either to press this petition or to make a prayer for adjournment. In this case despite opposite party no.2 has appeared through his counsel and the name of the learned counsel has appeared in the daily cause list, none has appeared before this court when the case was called out on his behalf. 2. Seven petitioners, while invoking inherent jurisdiction of this court under section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 28.8.2001 passed by Sri J.P.Arya, Judicial Magistrate, Masaurhi, Patna in connection with Complaint Case No.77C of 2001. By 2 the said order the learned Magistrate has taken cognizance of the offences under sections 147, 323 and 504 of the Indian Penal Code. 3. Short fact of the case is that opposite party no.2 filed a complaint on 18.5.2001 in the court of Sub.Divisional Judicial Magistrate, Masaurhi, Patna which was numbered as Complaint Case No.77C of 2001. In the complaint case it was alleged that on 18.9.1999 all the petitioners formed an unlawful assembly and came to the house of the complainant and abused him and, thereafter, complainant was assaulted by the accused persons. It was further disclosed in the complaint petition that after the occurrence the complainant had informed the police and, thereafter, a proceeding under section 107 of the Code of Criminal Procedure was initiated. After filing of the complaint petition, the complainant was examined on solemn affirmation and the witnesses, who were examined as enquiry witnesses have supported the complainant’s case. Thereafter, by the impugned order dated 28.8.2001 the learned Magistrate took cognizance of the offences under sections 147, 323 and 504 of the Indian Penal Code against the petitioners.. 4. Aggrieved with the order of cognizance the petitioners have approached this court by filing the present petition. This court on 9.8.2002 while issuing notice to opposite party no.2 directed that until further orders, further proceeding in Complaint Case No.77(C)/2001, pending before the Judicial 3 Magistrate, Masaurhi, Patna shall remain stayed. Thereafter on 13.8.2003 the petition was admitted for hearing and it was directed that interim order passed on 9.8.2002 shall remain operative during the pendency of the application and order of stay is still continuing. 5. From the record it appears that dispute in between the parties was going on due to the reason that both the parties were running spice mill in the locality and were on inimical term. In the present complaint petition i.e. Complaint Case No.77C of 2001 the opposite party no.2 has alleged that the occurrence had take place on 18.9.1999 and the complaint was filed on 18.5.2001 i.e. after a delay of one year and eight months. The reason for delay has also been tried to be explained in the complaint petition that the complainant had approached the police and thereafter a proceeding under section 107 of the Code of Criminal Procedure was initiated. It appears that since the allegations made in the complaint petition were not serious in nature both the parties have lost their interest due to the pendency of the present petition and, as, such, at the time of hearing counsel for none of the parties have appeared before this court. In that view of the matter, this court is of the opinion that allowing the proceeding before the court below to further proceed in the present case will amount to abuse of process of the court and, as such, with a view of prevent abuse of process of the court it is necessary to intervene into the matter. The court 4 Patna High Court The 24th August, 2010 Md.S./NAFR considers that for the ends of justice it is desirable to set aside the order dated 28.8.2001 passed by Sri J.P.Arya, Judicial Magistrate, Masaurhi, Patna in Complaint Case No.77C of 2001 and the same is hereby set aside and the petition stands allowed. (Rakesh Kumar,J.)