Criminal Miscellaneous No.10711 OF 1995 ---- In the matter of an application under Section 482 of the Code of Criminal Procedure, 1973. ---- 1. SANTOSH KUMAR KHIRWAL, SON OF STYANARAIN KHIRWAL, OWNER OF M/S KHIRWAL ROADWAYS, RAJENDRA PATH, POLICE STATION GANDHI MAIDAN, DISTRICT PATNA. 2. MAHABIR PRASAD SAROGI, SON OF KANHAILAL SAROGI, MANAGER M/S KHIRWAL ROADWAYS, RAJENDRA PATH, POLICE STATION GANDHI MAIDAN, DISTRICT PATNA. ... ... PETITIONERS. Versus 1. THE STATE OF BIHAR 2. MUNKESH SHAH S/O SRI LAL CHAND SHAH, REPRESENTING M/S MONICA ELECTRONICS PVT. LTD. NAGESHWAR COLONY, BORING ROAD, PATNA-1. ... ... OPPOSITE PARTY. ---- For the Petitioners : None For the State : Mr. A.M.P. Mehta, 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 petitioners. 2. Two petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of order dated 16.5.1989 pending in the court of Sri Inderdeo Singh, Judicial Magistrate, Ist Class, Patna. By the said order, learned Magistrate had taken cognizance for the offence under Section 406 of - 2 - the Indian Penal Code. 3. I have examined the impugned order as well as the materials available on record. I do not find any defect in the order of cognizance. 4. Accordingly, the petition stands rejected. 5. In this case, by order dated 12.9.1995, while issuing notice to opposite party no.2, this Court had directed that “in the meantime further proceeding of the case in the court below shall remain stayed”. Subsequently, by order dated 2.2.1998, the petition was admitted. While admitting the case, this Court directed that in the meantime, interim order dated 12.9.1995 shall continue. Thereafter, interim order is still continuing. It appears that after obtaining the order of stay, the petitioners have lost their interest in the present case and, accordingly, none has come forward either to press this petition or to make a prayer for adjournment. 6. In view of rejection of the present petition, interim order of stay stands automatically vacated. - 3 - PATNA HIGH COURT Dated 5.4.2010 N.A.F.R./N.H. 7. Let a copy of this order be communicated to the court below forthwith. ( Rakesh Kumar,J.)