Criminal Miscellaneous No.27779 OF 1999 ---- In the matter of an application under Section 482 of the Code of Criminal Procedure, 1973. ---- INDRAJIT SINGH SON OF LATE SARDAR SANTOKH SINGH, RESIDENT OF MOHALLA NEW PATLIPUTRA COLONY, P.S. PATLIPUTRA, DISTRICT PATNA. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR 2. OFFICER INCHARGE, SACHIVALAYA POLICE STATION, P.S. SACHIVALAYA, DISTRICT PATNA. ... ... OPPOSITE PARTY. ---- For the Petitioner : Mr. Subodh Kumar Jha,Adv. For the State : Mr. Murli Dhar, A.P.P. ---- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR ---- Rakesh Kumar,J. In some and substance the petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of the first information report bearing Gardanibagh (Sachivalaya) P.S. Case No.600 of 1999 registered on 7.10.1999 for the offences under Sections 420, 465, 467, 468, 471, 218, 511 and 120-B of the Indian Penal Code. 2. On perusal of first information report, it appears that it was a case of defalcation of about rupees eighty lakh from public exchequer. 3. Shri Subodh Kumar Jha, learned - 2 - counsel appearing on behalf of the petitioner, submits that in the present case, interim order of stay was granted on 28.1.2000 and thereafter, the case was admitted on 7.3.2000 and the court had directed that interim order of stay dated 28.1.2000 shall continue. Learned counsel further, by referring to different annexures of supplementary affidavit, submits that even subsequent to filing of the first information report the Engineer-in-Chief, Water Resources (Minor Irrigation) Department has sent a letter to the Public Prosecutor, Patna Civil Court, requesting therein to withdraw the first information report. He has also referred to other annexures to the supplementary affidavit. 4. Without going into the merit of the case, I am of the view that in absence of pendency of any proceeding before the court below, it would not be appropriate for this Court to exercise power under Section 482 of the Code of Criminal Procedure. Accordingly, I am not inclined to pass any order interfering with the investigation of the case. 5. According the petition stands rejected. - 3 - 6. In view of rejection of the present petition, the interim order of stay stands automatically vacated. ( Rakesh Kumar,J.) PATNA HIGH COURT The 23rd April,2010 N.A.F.R./Md.S