Criminal Miscellaneous No.24574 OF 1999 ---- In the matter of an application under Section 482 of the Code of Criminal Procedure, 1973. ---- SHANKAR PRASAD GUPTA SON OF RAMASHISH PRASAD GUPTA, RESIDENT OF MOHALLA- NEW AREA NAZIRPUR AKHARAGHAT, P.S. MUZAFFFARPUR TOWN, DISTRICT MUZAFFARPUR. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR 2. SANJIV KUMAR, MANAGING DIRECTOR, NAGAR VIKAS ECONOMY LIMITED REGISTERED OFFICE JURAN CHAPRA ROAD NO.6, P.S. BRAHAMPURA, MUZAFFARPUR, DISTRICT- MUZAFFARPUR. ... ... OPPOSITE PARTIES. ---- For the Petitioner : None For the State : Mr. Amarendra Prasad, A.P.P. ---- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR ---- Rakesh Kumar,J. On 30.4.2010, on repeated calls, none appeared on behalf of the petitioner either to press this petition or to make a prayer for adjournment. However, as a last indulgence, the case was adjourned for a day. It was indicated in its order dated 30.4.2010 that interim order of stay in the present case is continuing since 1.10.1999. It was further made clear that if on the next day, no one appears on behalf of the petitioner, the case shall be decided on the basis of materials available on record of the case. 2. Today again, when the case was called out, none has come forward to press this petition. 3. The sole petitioner, while invoking - 2 - inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of order dated 8.6.1999 whereby the learned Judicial Magistrate has taken cognizance for the offence under Section 420 of the Indian Penal Code and directed for issuance of summon for securing attendance of the accused/petitioner. 4. I have examined the materials available on record as well as impugned order of cognizance. The petitioner has not made out an exceptional case warranting exercise power under Section 420 of the Code of Criminal Procedure in his favour. Accordingly, I do not find any merit in this petition and petition stands rejected. 5. In view of rejection of the present petition, interim order of stay stands automatically vacated. 6. Let a copy of this order be sent to the court below forthwith. ( Rakesh Kumar,J.) PATNA HIGH COURT Dated 3.5.2010 N.A.F.R./N.H.