Criminal Miscellaneous No.21259 OF 1999 ---- In the matter of an application under Section 482 of the Code of Criminal Procedure, 1973. ---- BHUVANESHWAR RAUT SON OF SANFUL RAUT, RESIDENT OF VILLAGE BHATWAN, P.S. HASANPUR, DISTRICT SAMASTIPUT ... ... PETITIONER. Versus 1. THE STATE OF BIHAR 2. MAHENDRA RAUT SON OF LATE BIRJU RAUT, RESIDENT OF VILLAGE BHATWAN, P.S. HASANPUR, DISTRICT SAMASTIPUR. ... ... OPPOSITE PARTIES. ---- For the Petitioner : None For O.P. No.2 : Mr. Jagdhar Prasad, Adv. For the State : Mr. Suraj Prasad Singh, A.P.P. ---- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR ---- Rakesh Kumar,J. On 28.4.2010, when the case was called out, none appeared on behalf of the petitioner either to press this petition or to make a prayer for adjournment. However, as a last indulgence, the case was adjourned for a day. It was made clear that if on the next day, no one appears on behalf of the petitioner, the case shall be decided on the basis of materials available on the records of the case. It was also noticed that in the present case, interim order of stay is continuing since 30.9.1999. Today again, when the case was called out, none has come forward to press this petition. It appears that after obtaining the order of stay, the petitioner has lost his interest in the present case. 2. The sole petitioner, while invoking - 2 - inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of order dated 10.7.1999/12.7.1999 passed by Sub-Divisional Judicial Magistrate, Rosera. By the said order, the learned Magistrate, after examining the complaint petition, statement of complainant recorded on S.A. and evidence of two witnesses, who were examined during enquiry, has found that prima facie case was made out for the offence under Sections 420, 465, 467, 468 and 406 of the Indian Penal Code. 3. I have examined the impugned order as well as materials available on record. I do not find any error in the order of cognizance. Accordingly, the petition stands rejected. 4. In view of rejection of the present petition, interim order of stay stands automatically vacated. 5. Let a copy of this order be sent to the court below forthwith. ( Rakesh Kumar,J.) PATNA HIGH COURT Dated 30.4.2010 N.A.F.R./N.H.