Criminal Miscellaneous No.15746 OF 1999 In the matter of an application under Section 482 of the Code of Criminal Procedure ------------ BANSHI PRASAD,Son of Late Govind Ram, resident of Village- Neuri, P.O.Neora, P.S. Bihta, District-Patna, at present posted as a Income Tax Officer, Central Revenue Building, Bir Chand Patel Path,Patna-1 ----------- Petitioner Versus 1. THE STATE OF BIHAR 2. Dr. Birendra Prasad Sinha, Son of Ram Keshwar Prasad, resident of Ranipur, P.S. Islampur, District-Nalanda, at present residing at Islampur, Gaya Road,P.S. Islampur, District-Nalanda. ----------- Opp.Parties. ------------ For the petitioner: None. For Opp.Party no.2: Mr. D.K.Sinha, Sr. Advocate For the State: Sri Surendra Pd.Singh, A.P.P. ---------- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR Rakesh Kumar, J. No one appears on behalf of the petitioner. 2. The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of the order dated 26.5.1999 passed by the learned Judicial Magistrate, 1st Class, Hilsa , Nalanda. By the said order dated 26.5.1999, the learned Magistrate had taken cognizance of offence under Sections 174,323,448, 448,504, 427, 380/34 of the Indian Penal Code. 3. I have perused the complaint petition and the impugned order. The learned Magistrate on the basis of complaint petition, statements of complainant recorded on 2 S.A. and evidence of witnesses, who supported the case of the complainant, has taken cognizance of the offences as mentioned above. 4. I do not find any error in the order of cognizance nor there is any material on record warranting exercise of power under Section 482 of the Code of Criminal Procedure by this Court in favour of petitioner. Accordingly, I do not find any merit in the petition and the petition stands rejected. 5. By the order dated 8.9.1999 while issuing notice to Opp.Party no. 2 to Opp.Party no.2 , this Court had directed that during the pendency of this application, further proceedings in Complaint Case No.184(C) / 1999 in the court below , shall remain stayed. Subsequently, on 14.2.2000, the petition was admitted for hearing and again it was directed that pending hearing of this application, further proceeding in Complaint Case No.184(C )/ 1999 pending in the court of Judicial Magistrate , 1st Class, Hilsa, Nalanda, shall remain stayed. Since the Complaint Case number was incorrectly mentioned as 184(C) / 1999, an Interlocutory Application was filed for making correction and, as such, by order dated 9.5.2000 in place of Complaint Case No.184(C) / 1999 the correct case number as Complaint Case No.174(C)/99 was recorded . The order of stay is still continuing. 6. In view of the rejection of the present 3 petition, the interim order of stay dated 1.5.2000 stands automatically vacated. Let a copy of this order be sent to the court below forthwith. Patna High Court,Patna Dated : the 22nd April,2010 Nawal Kishore Singh/N.A.F.R. ( Rakesh Kumar, J )