Criminal Miscellaneous No.31571 OF 1999 ---- In the matter of an application under Section 482 of the Code of Criminal Procedure, 1973. ---- 1. BALI RAM SINGH, SON OF SRI MUNESHWAR SINGH, ASSTT. ELECTRICAL ENGINEER (TECHNICAL), ELECTRIC CIRCLE, DUMKA, VILLAGE- JAGDISHPUR, P.S. SAKRA, DISTT- MUZAFFARPUR. 2. SHREE KANAK LAL, SON OF LATE TINKAURI LAL, ADDL ASSTT ELECTRICAL ENGINEER, M.R.T DIVISION, DEOGHAR, VILLAGE & P.S TERHA GACHHI, DISTT- KISHANGAJ. ... ... PETITIONERS. Versus 1. THE STATE OF BIHAR 2. BALMIKESHWAR PRASAD,S/O LATE VISHWANATH PRASAD, VILLAGE- USRAHI, P.S. RIGA, DISTT- SITAMADHI, PRESENTLY RESIDING AT DEEPAK HOTEL, P.S AND DISTRICT MADHUBANI. ... ... OPPOSITE PARTY. ---- For the Petitioners : None For the State : Mr. Surendra Prasad Singh, A.P.P. ---- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR ---- Rakesh Kumar,J. On 7.5.2010, when the case was called out, none appeared on behalf of the petitioners either to press this petition or to make a prayer for adjournment. However, as a last indulgence, the case was adjourned for a day. While adjourning the case on 7.5.2010, it was noticed by this Court that in this case interim order of stay is continuing since 29.2.2000. It was made clear that if on the next date, no one appears on behalf of the petitioners, the case shall be decided on the - 2 - basis of materials available on record of the case. Today again, when the case was called out, none has come forward to press this petition. 2. Two 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 8.1.1998 passed by Shri S.K. Roy, Judicial Magistrate, Ist Class, Madhubani in Complaint Case No.560 of 1997. By the said order, after hearing learned counsel for the complainant and examining the complaint petition, statement of complainant recorded on S.A., evidence of two enquiry witnesses and other materials, the learned Magistrate was satisfied to proceed against petitioners for the offence under Sections 323 and 380 of the Indian Penal Code. On perusal of the impugned order dated 8.1.1998, I am satisfied that the learned Magistrate has committed no error and the learned Magistrate has rightly directed for issuance of summon for securing attendance of accused persons. 3. I do not find any merit in the present petition and petition stands rejected. 4. In view of rejection of the present petition, interim order of stay dated 29.2.2000 - 3 - stands automatically vacated. 5. Let a copy of this order be sent to the court below forthwith. ( Rakesh Kumar,J.) PATNA HIGH COURT Dated 10.5.2010 N.A.F.R./N.H.