CRIMINAL MISCELLANEOUS No.16570 OF 2000 ------- In the matter of an application under section 482 of the Code of Criminal Procedure. ------- M/S BIRLA CORPORATION LTD(cement Division), Patna through its authorized signatory namely, Mr.Chandra Prakash Singh ……. …..Petitioner Versus STATE OF BIHAR ……. …..Opp.Party. ------- For the petitioner: Mr.Ashwani Kumar Singh For the State Mrs. Indu Bala Pandey, A.P.P. ------- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR -------- Rakesh Kumar,J. The sole petitioner, while invoking inherent jurisdiction of this court under section 482 of the Code of Criminal Procedure, has prayed for quashing of a first information report i.e Bihar Sharif P.S. Case No.184 of 2000 which was registered for the offences under sections 406, 420, 465, 468 and 120B/34 of the Indian Penal Code. 2. Mr. Ashwani Kumar Singh, learned senior counsel appearing on behalf of the petitioner, at the very outset submits that immediately after registration of the first information report, the petitioner rushed to this court, since first information report discloses no cognizable offence. It was submitted that on perusal of the first information report the contents suggests that hardly it was a civil dispute. It was further submitted that the petitioner is a company of its repute and for such short supply the petitioner cannot be indulged in such occurrence. It was submitted that the petitioner had already supplied cements as per the agreement and, as such, it was argued that in absence of 2 Patna High Court The 3rd August 2010 Md.S./NAFR disclosure of any cognizance offence, the first information report is liable to be set aside. 3. Without going into the merit of the case, the court is satisfied that no proceeding is pending before the court below and in absence of pendency of any proceeding before the court below, it is not desirable for this court to exercise inherent power under section 482 of the Code of Criminal Procedure. 4. Accordingly, the petition stands rejected without going into the merit of the case. 5. In view of rejection of this petition, interim order of stay dated 3.7.2000 stands automatically vacated. Let a copy of this order be sent to the court below forthwith. (Rakesh Kumar,J.)