IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45945 of 2007 1. SHAKTI TUBES LIMITED A LIMITED COMPNAY REGISTERED UNDER COMPANIES ACT HAVING FACTORY AT INDUSTRIAL AREA, HAZIPUR, VAISHALI AND PRESENT OFFICE AT 401 KASHI PALACE, DAKBUNGLOW ROAD, P.S. KOTWALI, TOWN AND DISTRICT PATNA THROUGH ITS DIRECTOR DILIP KUMAR CHURIWAL SON OF SRI BISHWANATH CHURIWAL. 2. DILIP KUMAR CHURIWAL @ DILIP CHIRIWAL, DIRECTOR SHAKTI TUBES LIMITED AT 401, KASHI PALACE, DAKBUNGLOW ROAD, P.S. KOTWALI, TOWN AND DISTRICT PATNA. Versus 1. STATE OF BIHAR 2. SRI BADRI NARAYAN RAO, SON OF LATE T.JEEVAN RAO, BLOCK B1/104, PATEL PATH, SHEIKHPURA, P.S. SHASHTRI NAGAR TOWN AND DISTRICT PATNA. ----------- 9. 10.3.2010. Heard Mr.S.De, learned counsel for the petitioners and Mr. Ravishankar Goyeli, learned counsel appearing on behalf of opposite party no.2. The petition has been filed for quashing of order of cognizance dated 26.9.2001 passed by the learned Judicial Magistrate, Patna in Complaint Case No.933(C) of 2001 whereby cognizance of offences under Sections 420, 406 and 120B of I.P.C. has been taken. The learned counsel for the petitioners, while pressing the petition, submits that on perusal of the complaint petition as well as statement of the complainant, on oath, no offence is made out. - 2 - N.H./ He submits that it appears that it was a dispute in the civil nature and learned court had illegally taken cognizance of the offence. Learned counsel for the opposite party no.2 opposes the prayer. I have examined the complaint petition and also impugned order. Prima facie, I am satisfied that there is no illegality or irregularity in the order. Moreover, since the impugned order was passed on 26.9.2001 and the petitioners had approached this Court by filing the present petition on 3.10.2007, the petitioners have not taken any prompt action and as such I am not inclined to exercise inherent jurisdiction of this Court and, accordingly, petition stands rejected. ( Rakesh Kumar,J.)