Criminal Miscellaneous No.17075 OF 1999 ------- In the matter of an application under section 482 of the Code of Criminal Procedure. ------- 1.RAM KUMAR @ RAM KUMAR MAHTO, son of Sri Makhan Mahto, resident of village- Kachhua Sarai Nande Nagar, P.S.-Lakhnaur Dist.-Madhubani 2.Sadhu Mahto son of Late Thakai Mahto. 3.Jagdish Mahto, son of late Rameshwar Mahto Both nos. 2 and 3 are residents of village-Gunakarpur, P.S.-Lakhnaur, Dist.-Madhubani. 4.Harendra Lal Das @ Hirendra Lal Das son of Late Sheonandan Das, resident of village-Gangapur, P.S.-Lakhnaur, Dist.-Madhubani …. ….Petitioners Versus 1.STATE OF BIHAR 2.Makhan Mahto, son of late Nathuni Mahto resident of village-Kachhua Sarai Nande Nagar P.S.-Lakhnaur, Dist.-Madhubani ……Opp. Parties ------- For the petitioners: None For the State: Mr.Shailendra Kumar, AP.P. ------- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR --------- Rakesh Kumar,J. On repeated calls none appeared on behalf of the petitioners either to press this petition or even to make a prayer for adjournment. 2. This court, while issuing notice on 15.2.2000 to opposite party no.2, had directed that in the menwhile, further proceeding in Trial No.1185 of 1999 pending in the court of A.C.J.M., Jhanjharpur shall remain stayed. Subsequently, on 13.7.2000 the case was admitted for hearing and it was directed that during the pendency of this application, interim order dated 15.2.2000 shall continue and order of stay is still continuing. It appears that after getting an order of stay the petitioners have lost 2 their interest in the case and, as such, when the case was called out none has come forward even to make a prayer for adjournment. 3. Four petitioners, while invoking inherent jurisdiction of this court under section 482 of the Code of Criminal Procedure, have prayed for quashing of the order dated 7.6.1999 passed by learned Additional Chief Judicial Magistrate, Jhanjharpur in Trial No.1185 of 1999 arising out of Madhepur (Lakhnaur) P.S. Case No.83 of 1998. By the said order the learned Magistrate has taken cognizance for the offences under sections 323, 504, 379, 420, 419, 467, 468, 471, 120B, 342 and 506 of the Indian Penal Code. 4. Short fact of the case is that opposite party no.2 had filed a complaint case vide Complaint Case No.133 of 1998 alleging therein that the accused persons i.e. the petitioners in conspiracy with each other had forged his signature while preparing the deed of cancellation in respect of partition. It was alleged that the complainant was also assaulted by the accused persons. The said complaint was transferred to the police for its registration and investigation under section 156(3) of the Code of Criminal Procedure. Subsequently, first information report vide Madhepur (Lakhnaure) P.S. Case No.83 of 1998 was registered for the offences under sections 323, 504, 379, 420, 419, 467, 468, 471, 120b, 342 and 506 of the Indian Penal Code. After registering the case the police investigated the same and thereafter charge sheet was submitted against the accused persons since the materials were collected during investigation indicating 3 commission of offence by the accused persons. 5. After submission of the charge sheet, the learned Magistrate examined the police report and he, after being satisfied that prima facie case was made out has taken cognizance for the offences as mentioned above by its order dated 7.6.1999. I am of the view that by way of passing the impugned order the learned Magistrate has committed no error. Moreover, while exercising power under section 482 of the Code of Criminal Procedure it is not desirable for this court to intervene at the initial stage of a criminal case. 6. Accordingly, I do not find any merit in the petition. The petition stands rejected. 7. In view of rejection of the present petition, the interim order of stay stands automatically vacated. 8. Let a copy of this order be sent to the court below forthwith. Patna High Court The 22nd April, 2010 NAFR/Md.S. ( Rakesh Kumar, J.)