Criminal Miscellaneous No.490 OF 2000 ------- In the matter of an application under section 482 of the Code of Criminal Procedure. ------- SURENDRA PRASAD son of late Gariban Ram Resident of Mohalla-Katra, Bihar Sharif, P.S.- Laheri, Dist.-Nalanda. …. …..Petitioner Versus STATE OF BIHAR …... …..Opp.Party --------- For the petitioner: None For the State: Mrs. Indu Bala Pandey, A.P.P. ------- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR -------- Rakesh Kumar,J. Today when the case was called out none appeared on behalf of the petitioner. Yesterday also when the case was called out none had appeared on behalf of the petitioner either to press this petition or to make a prayer for adjournment. However, the case was adjourned with an indication that no further adjournment shall be granted. 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 6.8.1999 passed by Sri A. Aslam, Judicial Magistrate, Ist Class, Nalanda. By the said order, the learned Magistrate has rejected the petition for discharge filed on behalf of the petitioner in Rajauli P.S. Case No.94 of 1997 registered for the offences under section 414 of the India Penal Code and sections 33, 41 and 42 of the Forest Act. 3. Perusal of the order dated 6.8.1999 makes it clear that the learned Magistrate, after perusing the materials available on record, was satisfied that prima facie offences under section 2 Patna High court The 7th July,2010. Md.S./NAFR 414 of the Indian Penal Code and section 33, 41 and 42 of the Forest Act was made out and, accordingly, directed for summoning accused persons to face trial. Though by the impugned order the learned Magistrate has taken cognizance of the offences as mentioned above, in paragraph-1 of the petition the petitioner has stated in a manner as if by the impugned order the learned Magistrate had rejected the discharge petition. 4. On perusal of the record, this court is of the opinion that there is no defect in the impugned order and, accordingly, the petition stands rejected. 5. In view of rejection of this petition, the interim order of stay dated 7.3.2000 stands automatically vacated. 6. Let a copy of this order be sent to the court below forthwith. (Rakesh Kumar,J.)