Criminal Miscellaneous No.550 OF 1999 ---- In the matter of an application under Section 482 of the Code of Criminal Procedure, 1973. ---- 1. D.K. CHAKARVARTY, SECRETARY, BIHAR MOTION PICTURE ASSOCIATION, 7TH FLOOR, FLAT NO.73, ASHIYANA CHAMBERS, EXHIBITION ROAD, P.S. GANDHI MAIDAN, DISTRICT PATNA. 2. RAGHUBANSH MANI PRASAD SINGH @ MADAN BABU SON OF LATE RADHA SINGH. 3. NAND KUMAR DAMANI @ MUNNA BABU, SON OF LATE SHRI DAS DAMANI. 4. BIRENDRA KUMAR SINGH, SON OF LATE KRISHNA SINGH. 5. ASHOK CHAND JAIN, SON OF LATE M.C.JAIN. 6. BINOD KUMAR GUPTA, SON OF LATE LAXMI NARAYAN SAHU. 7. SUSHIL KUMAR PANDEY, SON OF LATE R.K. PANDEY. 8. NALIN KUMAR YAGNIK, SON OF LATE J.S. YAGNIK. 9. SITA RAM JHA, SON OF LATE ASHRAFI JHA. 10. SANJAY KUMAR RAY, SON OF BRAHMU DAYAL RAY. 11. SANJAY SACHAITI, SON OF SRI BIRCHAND SACHAITI 12. DR. SUNIL KUMAR, SON OF SRI BHAGWAT PRASAD. 13. JAWAHAR LAL JHA, SON OF SRI RAMUDAR JHA. 14. SUMAN KUMAR SINHA, SON OF LATE SUSHIL KUMAR SINHA. 15. RAJ KUMAR BOOBNA, SON OF LATE DEVI PRASAD BOOBNA. 16. BIRENDRA KUMAR SINHA @ HIRABABU, SON OF LATE GAJENDRA NARAIN SINGH. ALL EXECUTIVE MEMBERS OF BIHAR MOTION PICTURE ASSOCIATION, 7TH FLOOR, FLAT NO.73, ASHIYANA CHAMBERS, EXHIBITION ROAD, P.S. GANDHI MAIDAN, DISTT. PATNA. ... ... PETITIONERS. Versus 1. THE STATE OF BIHAR 2. M/S AMAR JYOTI FILMS PVT. LTD., LHEAD OFFICE MOTIJHIL, P.S. TOWN MUZAFFARPUR, BRANCH OFFICE UMA CINEMA CAMPUS, P.S. GANDHI MAIDAN, DISTRICT PATNA THROUGH ITS MANAGER CHINTA HARAN PANDEY. ... ... OPPOSITE PARTIES. ---- For the Petitioners : None. For the State : Mr. Sunil Kr. Pandey, A.P.P. ---- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR ---- - 2 - Rakesh Kumar,J. In this case, yesterday i.e. on 8.4.2010, on repeated call, none appeared. However, it was adjourned for a day. While adjourning the case, it was recorded in order dated 8.4.2010. “The present case was admitted on 19.7.1999. While admitting the case this court had directed that until further order, proceedings in the court below shall remain stayed. The order is still continuing. It is made clear that if tomorrow no one appears on behalf of the petitioner, the case shall be decided on the basis of materials available on the record”. 2. Today, when the case was called out, none has appeared either to press this petition or to make a prayer for adjournment. It appears that in view of order of stay, the petitioners have lost their interest in the present case. 3. The petitioners, while making a prayer for quashing of the entire prosecution in Complaint Case No.680(C) of 1996, had also prayed for quashing of order of cognizance dated 25.7.1996 passed by Shri B.K. Tiwari, Judicial Magistrate, Ist Class, Patna. By order dated 25.7.1996, the learned Magistrate has taken - 3 - cognizance for the offence under Sections 504, 505, 506 and 120 B of the Indian Penal Code. 4. It has been stated in paragraph-1 of the petition that by order dated 25.7.1996, the learned Magistrate had taken cognizance for the offences under Sections 504, 505, 506 and 120B of the Indian Penal Code. 5. On perusal of the entire petition as well as examining the main file, I am not be able to lay my hand to the order dated 25.7.1996. Along with the petition, a compromise petition has been enclosed and only on the basis of such petition, it appears that the petitioners have prayed for quashing of entire proceeding including order dated 25.7.1996. In absence of impugned order along with the main petition, I do not think it proper to interfere into the matter. Moreover, as per pleading of the petition, it appears that only after order of cognizance, the petitioners had approached this Court. 6. At this initial stage of a criminal case, it is not advisable for this Court to exercise its inherent jurisdiction particularly in the facts and circumstances of the present case. Accordingly, petition stands rejected. - 4 - PATNA HIGH COURT Dated 9.4.2010 N.A.F.R./N.H. 7. In view of rejection of this petition, interim order of stay stands automatically vacated. 8. Let a copy of this order be communicated to the court below forthwith. ( Rakesh Kumar,J.)