Criminal Miscellaneous No.2741 OF 1999 In the matter of an application under Section 482 of the Code of Criminal Procedure ------------- 1. SMT. PARIA DEVI W/O Rajendra Goshwami 2. Rajendra Goshwami S/O Late Bodh Narayan Goshwami, both residents of Mohalla-Yarpur ( Jogia Tola), P.S. Gardanibagh, District-Patna ------------ Petitioners Versus 1. THE STATE OF BIHAR 2. Sachidanand Goshwami S/O Sri Rameshwar Nath Goshwami , resident of Village- Yarpur ( Jogia Tola), P.S. Gardanibagh, District- Patna --------------- Opp.Parties. --------------- For the petitioners : None For the State : Smt. Indu Bala Pandey, A.P.P. ------------------ P R E S E N T THE HON'BLE SHRI JUSTICE RAKESH KUMAR Rakesh Kumar, J No one appears on behalf of the petitioners to press this application or to make a prayer for adjournment. Two petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of the criminal prosecution in G.R.No. 826 of 1998, pending in the court of Sri Vijay Kumar, Judicial Magistrate, 1st Class, Patna. It has been alleged in the petition that Opp.Party was cousin of petitioners. In the present case, Opp.Party no.2 had filed a complaint vide Complaint Case No.167C of 1998. It has been stated in the petition that the complaint petition was referred to the police for its investigation under Section 156(3) of the Code of Criminal Procedure and accordingly a case vide Gardanibagh P.S. Case No. 115 of 1998 was instituted. After investigation the police submitted 2 chargesheet under Sections 144,341 and 323 of the Indian Penal Code. After receipt of the police report, the court had taken cognizance of the offences as mentioned in the chargesheet vide its order dated 15.4.1998 and the case was transferred to the Court of Sri Vijay Kumar, Judicial Magistrate, 1st Class, Patna . While filing the present petition, the petitioners have not bothered to bring on record the order of cognizance or any order passed by the concerned court. It appears that after obtaining the order of stay of the proceeding in the complaint case, the petitioners have lost their interest in the present case and due to that reason, on repeated calls, none appeared either to press this application or to make a prayer for adjournment. I do not find any merit in the present petition and the petition stands rejected. The present case was admitted on 2.8.1999. While admitting the case, this Court had directed that further proceeding in G.R.No.826/98 (T.R.No.556 of 1998) in the court below shall remain stayed. The order of stay is still continuing. In view of rejection of this petition, the interim order of stay stands automatically vacated. Let a copy of this order be communicated to the court below forthwith. Patna High Court,Patna Dated : the 5th April,2010 Nawal Kishore Singh/N.A.F.R ( Rakesh Kumar, J )