IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38846 of 2007 1. ARBIND MISHRA @ ARBIND KUMAR MISHRA SON OF BANSIDHAR MISHRA 2. PRAVEEN MISHRA SON OF BANSIDHAR MISHRA 3. BHUSAN MISHRA @ CHANDRA BHUSAN MISHRA, SON OF BANSIDHAR MISHRA ALL RESIDENT OF VILLAGE AMAS, POLICE STATION AMAS, DISTRICT GAYA. ... ... PETITIONERS. Versus 1. THE STATE OF BIHAR 2. RAVINDAR SINGH SON OF NARESH SINGH, RESIDENT OF VILLAGE AMAS, POLICE STATION AMAS, DISTRICT GAYA. ... ... OPPOSITE PARTIES. ----------- 6. 28.9.2010. On call, none appeared on behalf of the petitioners either to press this petition or to make a prayer for adjournment. However, Smt. Indu Bala Pandey, learned Additional Public Prosecutor appearing on behalf of the State is present. In the present petition, prayer has been made to quash an order dated 16.4.2007 passed by Shri Kishori Lal, Judicial Magistrate, Ist Class, Sherghatty in C. Case No.105 of 2007/Tr. No.1626 of 2007. By the said order, the learned Magistrate has taken cognizance of offence under Sections 323, 379 and 427 of the Indian Penal Code. I have gone through the records. It appears that on earlier occasion i.e. on 2 N.H./ 11.12.2008, the petition stood rejected due to non prosecution. However, subsequently, it was restored. On 13.8.2010, when the case was taken up for hearing on the prayer made by learned counsel for the petitioners, the case was adjourned. Today, none has appeared. I have perused the impugned order and materials available on record. I do not find any defect in the impugned order. It is not a fit case for exercising inherent jurisdiction in favour of the petitioners, which is to be exercised in exceptional cases. Accordingly, the petition stands rejected. ( Rakesh Kumar,J.)