Criminal Miscellaneous No.24831 OF 1999 ---- In the matter of an application under Section 482 of the Code of Criminal Procedure, 1973. ---- 1. M.K. TIWARY SON OF S.N. TIWARY, BRANCH MANAGER OF NEW PATNA TRANSPORT AGENCY. 2. A.K. ;TIWARY SON OF J. TIWARY @ S.N. TIWARI PROPRIETOR OF NEW PATNA TRANSPORT AGENCY BOTH RESIDENT OF MOHALLA NAWAL KISHORE ROAD, P.S. KADAM KUAN IN THE DISTRICT OF PATNA. 3. R.K. SHARMA SON OF K.P. SHARMA @ B.K. SHARMA, BRANCH MANAGER, PATNA TRANSPORT AGENCY, P- 222/3, STRAND BANK ROAD, CALCUTTA. ... ... PETITIONERS. Versus 1. THE STATE OF BIHAR 2. S. SINHA, AREA SALES MANAGER, MAHAVIR SPINNING MILLS LIMITED, ABHISHEK PLAZA, EXHIBITION ROAD, PATNA. ... ... OPPOSITE PARTY ---- For the Petitioners : None 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. On 30.4.2010, 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. It was noticed by this Court in its order dated 30.4.2010 that in this case by order dated 7.3.2000, while admitting the case, it was directed that during the pendency of this application, further proceedings in Complaint Case No.506-C of 1998/Trial No.1643 of 1998 pending in the court of Sri Narendra Nath, Judicial - 2 - Magistrate, Ist Class, Patna, shall remain stayed. It was also indicated that it appears that after obtaining the order of stay, petitioners have lost their interest in the present case and due to that reason, none has come forward to press this petition. However, as a last indulgence, this case was adjourned for a day indicating therein that if on the next day, no one appears on behalf of the petitioners, the case shall be decided on the basis of materials available on record. 2. Today again, when the case was called out, none has come forward to press this petition. 3. Three petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of order dated 23.9.1998 passed by Sri Harendra Nath, Judicial Magistrate, Ist Class, Patna in Complaint Case No.506-C of 1998/T.R. No.1643 of 1998. By the said order, the learned Magistrate has taken cognizance for the offence under Sections 406, 420 and 120B of the Indian Penal Code and the learned Magistrate further directed for issuance of processes for securing attendance of accused persons. 4. I have examined the materials - 3 - available on record including order of cognizance dated 23.9.1998. I do not find any defect in the order of cognizance. 5. In view of the facts and circumstances particularly keeping in view the fact that the case was at initial stage of cognizance, I am not inclined to exercise power under Section 482 of the Code of Criminal Procedure in favour of the petitioners and, accordingly, the petition stands rejected. 6. In view of rejection of this petition, interim order of stay stands automatically vacated. 7. 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.