IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37446 of 2007 JITENDRA KUMAR SINGH son of late Chandrika Singh, resident of village Sewati P.S. Dhanarua Distt. Patna. …………Petitioner. Versus 1. THE STATE OF BIHAR 2. Shailesh Kumar S/o late Ram Lagan Singh, Resident of Village- Darampur, P.S.-Belaganj, District-Gaya. At present 3-Palm Apartment Flat No. 605, Asiyan Road, Ptana. ……Opposite Parties. ----------- 5/ 18.11.2010 Today again on call none appeared on behalf of the petitioner either to press this petition or to make a prayer for adjournment. On 16.11.2010 also none appeared on behalf of the petitioner. However, the case was adjourned with an indication that no further adjournment shall be granted. While adjourning the case, it was noticed that in this case interim order of stay was continuing since 02.12.2008. I have heard Learned Additional Public Prosecutor. The sole petitioner, while invoking inherent jurisdiction of this Court under section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 09.05.2007, passed by learned Chief Judicial Magistrate, Patna in connection with Gardanibagh (Shashtri Nagar) P.S. Case no. 133/07 (G.R. No. 819/07). By the said 2 order learned Chief Judicial Magistrate has taken cognizance of offences under sections 419 and 420 of the Indian Penal Code against the petitioner and one other co- accused Ravinesh Kumar. After investigation the police has submitted charge sheet and thereafter the learned Chief Judicial Magistrate, Patna has taken cognizance of offence as mentioned above. I have perused the charge sheet as well as the impugned order of cognizance. The learned Magistrate has committed no error while passing the impugned order. I do not find any defect in the impugned order. Accordingly petition stands rejected. In view of rejection of the present petition the impugned order of the said dated 02.12.2008 stands automatically vacated. Anjani/ ( Rakesh Kumar, J )