Criminal Miscellaneous No.22632 OF 1998 In the matter of an application under Section 482 of the Code of Criminal Procedure ---------- SHANKAR SAH S/O Late Sunder Shah, resident of Nakhash Chauk Hajipur, P.S. Hajipur Town, District- Vaishali ------------- Petitioner Versus 1. STATE OF BIHAR 2. Bimal Chaudhary S/O Rameshwar Chaudhary, resident of Nakhash Chauk Hajipur P.S. Hajipur Town, District- Vaishali ------------ Opp.Parties. ------- For the petitioner: None For the State: Sri Shailendra Kumar, 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 petitioner. 2. The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 ( hereinafter referred to as “the Cr.P.C.”), has prayed for quashing of the order dated 22nd September,1998 passed by Sri Shailendra Kumar Singh, Judicial Magistrate, 1st Class, Hajipur , Vaishali in Complaint Case No.1207 of 1998. By the said order, the learned Magistrate had taken cognizance of the offences under Sections 447 and 380 of the Indian Penal Code. 2 3. It appears that in the petition, a ground was taken that an eviction suit was pending against Opp.Party no.2, who was tenant of the petitioner. It has been stated in the petition that Complaint petition was filed on 9.7.1998 for the alleged occurrence, which had taken place on 20.3.1998. By the order dated 13.1.1999 , while issuing notice to Opp.Party no.2 to show cause , this Court had directed that in the meantime, further proceeding in Complaint Case No.1207 of 1998 pending in the court of Sri Shailendra Kumar Singh, Judicial Magistrate, 1st Class, Hajipur ,so far as the petitioner is concerned, shall remain stayed. Subsequently, by order dated 24.3.1999 , the petition was admitted for hearing and it was directed that the interim order passed on 13.1.1999, staying the further proceeding in Complaint Case No.1207 of 1998 in the court below, shall continue till disposal of this application. The stay order is still continuing. 4. It appears that after obtaining order of stay, the petitioner has lost his interest in the present case and due to that reason none has come forward either to press this petition or to make a prayer for adjournment. 5. I have examined the materials available on the record and also the impugned order. I do not find any error in the impugned order. 6. Accordingly, I do not find any merit in the present petition and the petition stands rejected. 3 7. In view of rejection of the present petition, 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)