Criminal Miscellaneous No.27807 OF 1998 In the matter of an application under Section 482 of the Code of Criminal Procedure ---------- 1. Abdul Razzaque , Son of Sk.Sabdar Ali 2. Sk.Nutfal @ Sk. Lutful Haque, Son of Sk.Sabdar Ali 3. Sk. Abdur Rahman Son of Sk. Sabdar Ali All residents of Village- Janki Nagar, P.S. Azam Nagar, Distt. Katihar --- Petitioners Versus 1. THE STATE OF BIHAR 2. Ataur Rahman, Son of Abdul Majeed, resident of Village- Janki Nagar, P.S. Azam Nagar, District- Katihar --------- Opp.Parties ------------ For the petitioners : None Fopr the State : Mr. Mithilesh Kumar Khar, A.P.P. ------------ P R E S E N T THE HON'BLE SHRI JUSTICE RAKESH KUMAR Rakesh Kumar, J Three petitioners have approached this Court, while invoking inherent jurisdiction under Section 482 of the Code of Criminal Procedure, with a prayer to quash the order dated 28.11.1997 passed in Complaint Case No.1632/97 (T.R.No.897/98) by the learned Chief Judicial Magistrate, Katihar. By the said order dated the learned Chief Judicial Magistrate took cognizance of the offences under Section 420,120(B) of the Indian Penal Code and transferred the case for its enquiry to the court of the Sub Divisional Judicial Magistrate, Katihar under Section 192 of the Code of Criminal Procedure. No one appears on behalf of the petitioners either to press this application or to make a prayer for adjournment. In this case, notice was earlier issued to Opp.Party no.2. However, Opp.Party no.2 has not appeared in this case to support the 2 complaint petition. In the complaint petition, the complainant had alleged that these petitioners impersonating the complainant had got a sale deed executed in their favour. It has been alleged that they had forged documents. I have also examined the order dated 28.11.1997. I do not find any error in the order dated 28.11.1997, which is under challenge. Accordingly, I do not find any merit in this petitioner and the petition stands rejected. In this case while issuing notice to Opp.Party no.2, by the order dated 9.3.1999, this Court had ordered that further proceedings in Complaint Case No.1632/97(Tr.No.897/98) in the court below shall remain stayed. Subsequently, by the order dated 8.10.1999 this case was admitted for hearing and while admitting it was directed that pending hearing of this application, interim order of stay dated 9.3.1999 shall continue. In view of rejection of this petition, the interim order of stay stands automatically vacated. Let this order be communicated to the court below forthwith. Patna High Court,Patna Dated : the 30th March,2010 Nawal Kishore Singh/N.A.F.R. ( Rakesh Kumar, J)