IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25184 of 1999 5 4.5.2010 Ramesh Prasad Singh son of Late Ram Nandan Singh resident of village Harpur Mahmadda, P.S. Pusa, District Samastipur ....... Petitioner VERSUS 1. The State of Bihar 2. Rajeshwar Thakur son of Late Suryadeo Thakur resident of village Basauri, P.S. Chakmehsi, District Samastipur ....... Opp. Parties ------- For the Petitioner : None For the State : Mr Damodar Pd. Tiwary, APP -------- Nobody appears on behalf of the petitioner. The order passed on 30.4.2010 reveals that on that date also nobody had appeared for the petitioner and as a special indulgence the case was adjourned for that day. It was recorded that if on the next date nobody appears, the case shall be decided on the basis of materials available on record. This is an application under Section 482 of the Code of Criminal Procedure invoking inherent jurisdiction of this Court to quash the entire criminal proceeding of C.R.Case No.516 of 1997 and also the order of cognizance dated 19.8.1997 passed by the Judicial Magistrate 1st class, Samastipur for offence under Section 406 of the IPC as well as the revisional order dated 3.6.1999 whereby revision preferred by the petitioner against the order of cognizance 2 was rejected. Learned counsel for the State has submitted that the complaint petition makes out a case of breach of trust and the order of cognizance does not suffer from any illegality and this application has been labelled under Section 482 of the Cr.P.C. only to circumvent the legal bar under which second revision at the instance of same party is not maintainable. It appears that after obtaining an interim order by way of stay of further proceedings in the court below, the petitioner is interested in delaying the proceeding by avoiding to appear. However, in absence of the petitioner or his counsel it is not deemed proper to decide the proceedings on merits. It is only held that the conduct of the petitioner disentitles him to invoke extraordinary discretionary inherent jurisdiction of this Court. Hence, this application under Section 482 Cr.P.C. is dismissed on that account. The interim order shall stand vacated. The court below shall expedite the proceeding so that it is decided expeditiously in accordance with law. (Shiva Kirti Singh,J.) sk