CRIMINAL MISCELLANEOUS No.21060 OF 2007 ------- In the matter of an application under section 482 of the Code of Criminal Procedure. ------- AJAY KUMAR son of Sri Ram Naresh Mishra, Resident of village and Post- Awari, P.S.Saharghat, District Madhubani, Bihar ---- Petitioner Versus STATE OF BIHAR--------------------- Opp.Party ----- For the petitioner : None For the State : Mr.Hirday Prasad Singh, Addl.P.P. ----- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR Rakesh Kumar,J. Today again none appeared on behalf of the petitioner either to press this petition or to make a prayer for adjournment. On 8.11.2010 also none had appeared on behalf of the petitioner on call of the case. However, the case was adjourned for the day with an indication that no further adjournment shall be granted. While adjourning the case, it was noticed that interim order of stay was continuing since 15.5.2009. In absence of any representation on behalf of the petitioner, I have heard Mr.Hirday Prasad Singh, learned Additional Public Prosecutor appearing on behalf of the State. 2. The petitioner, who, at the relevant time, was Block Development Officer, has approached this court while invoking its inherent jurisdiction under section 482 of the Code of Criminal Procedure with a prayer to quash an order dated 23.7.2004 passed by learned Additional Chief Judicial Magistrate, Sheikhpura. By the said order, the learned Magistrate has taken cognizance of the offences under sections 2 406 and 420 of the Code of Criminal Procedure in Ariari P.S. Case No.220 of 2002. It appears that on the basis of written complaint filed by Deputy Development Officer, Sheikhpura on allegation of committing several irregularities and illegalities under the scheme of Indira Awas Yojna and misappropriation of government fund a first information report against the petitioner and other related Panchayat Sewak was instituted vide Ariari P.S. Case No.220 of 2002. After investigation the police submitted final form. However, the learned Magistrate differing with the police report has taken cognizance of the offences as mentioned above. On perusal of the impugned order it appears that the learned Magistrate had examined the case diary and, thereafter, he came to the conclusion that in the police report there were sufficient materials to proceed against the petitioner and one another accused. Thereafter, he passed the order of cognizance dated 23.7.2004. The court is of the opinion that the learned Magistrate while taking cognizance of the offences has not committed any error. The fact remains that it was a case of misappropriation of Government fund under the scheme of Indira Awas Yojna and as such the court is of the opinion that it is not a fit case for exercising inherent jurisdiction under Section 482 of the Code of Criminal Procedure since the power is to be exercised in exceptional cases. 3. I do not find any merit in the present petition and the petition stands rejected. 4. In view of rejection of this petition, the interim 3 order of stay dated 15.5.2009 stands automatically vacated. 5. Let a copy of this order be sent to the court below forthwith. Patna High Court The 16th November,2010 Md.S./NAFR ( Rakesh Kumar, J.)