Criminal Miscellaneous No.12194 OF 1999 ---- In the matter of an application under Section 482 of the Code of Criminal Procedure, 1973. ---- RAJESH GUPTA @ RAJESH KUMAR GUPTA, DIRECTOR, WELINGTON COMMERCIAL LIMITED, 13 CAMAC STREET, RAJ KAMAL BUILDING (4TH FLOOR), CALCUTTA – 17. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR 2. AVINASH CHANDRA JHA, RESIDENT OF VILLAGE CHANDPURA, P.S. BENIPATTI, DISTRICT MADHUBANI. ... ... OPPOSITE PARTIES. ---- For the Petitioner : Mr. Ganesh Pd. Singh,Adv. For O.P. No.2 : Mr. Mahendra Thakur,Adv. 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. The petitioner has prayed for quashing of order dated 17.7.1997 passed by the Additional Chief Judicial Magistrate, Siwan in Siwan Town P.S. Case No.130 of 1996. 2. Learned counsel for the petitioner, Shri Ganesh Pd. Singh submits that without any material, the police submitted charge sheet and in mechanical manner, the learned Magistrate has taken cognizance of the offence by the impugned order. Shri Mahendra Thakur, learned counsel appearing on behalf of opposite party no.2 has opposed the prayer of the petitioner. 3. However, after some argument, - 2 - learned counsel for the petitioner seeks permission to withdraw this petition to enable the petitioner to file a petition at appropriate stage. Prayer is allowed and petition is dismissed as withdrawn with a liberty that the petitioner may file an appropriate petition at appropriate stage and if such petition is filed, it is expected that learned Magistrate will examine the same and pass order in accordance with law. 4. With above liberty, the petition is dismissed as withdrawn. 5. The present petition was admitted on 26.6.200 and while admitting the case, this Court had directed that in the meanwhile, further proceeding in court below in Siwan Town P.S. Case No.130 of 1996 shall remain stayed. In view of rejection of the present petition, interim order of stay stands automatically vacated. 6. Let a copy of this order be sent to the court below forthwith. ( Rakesh Kumar,J.) PATNA HIGH COURT Dated 20.4.2010 N.A.F.R./N.H. - 3 -