IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42813 of 2007 1.SHER MOHAMMAD son of lateMunshi Mian 2.Hasiran Khatoon wife of SHER MOHAMMAD Both resident of village-Sangrampur, P.S.- Sangrampur, Dist.-East Champaran. ……. …….Petitioners Versus 1.STATE OF BIHAR 2.Jahan Ara W/o Kamil Akhtar, D/o Mohammad Yusuf, village-Kotwan, P.S.-Barauli, district- Gopalganj, Bihar ……. ……Opp.Parties. ----------- 4. 29.9.2010. On call none appeared on behalf of the petitioners either to press this petition or to make a prayer for adjournment. Mr. Umesh Kumar Singh learned counsel for opposite party no.2 and Mrs. Indu Bala Pandey learned Addl. Public Prosecutor appearing on behalf of the State are present. In the complaint petition there were specific averments showing commission of offence by the petitioners. The complaint was filed by opposite party no.2, who is daughter-in-law of both the petitioners. The complaint was filed for the offences under sections 498A, 406, 323, 504 and 494/34 of the Indian Penal Code. It has been submitted that after conducting enquiry, the learned Magistrate on being satisfied that prima facie case was made out passed the order of cognizance for the offences under sections 498A and 494 of the Indian Penal Code. I have also perused the impugned order as well as the complaint petition. I do not consider that it is a fit case for exercising inherent power in favour of the petitioners. It need not to be reiterated that power under section 482 of the Code of Criminal Procedure is to be exercised in exceptional and rarest of the rare 2 cases. The order of cognizance in the present proceeding is under challenge, which suffers with no defect. Accordingly, the petition stands rejected. In view of rejection of this petition, interim order of stay dated 4.7.2008 stands automatically vacated. Let a copy of this order be sent to the court below forthwith. Md.S. ( Rakesh Kumar, J.)