IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32334 of 1999 GAURI SHANKAR RAI, Son of Late Ramchandra Rai, resident of Nageshwar Colony, Boring Road, P.S. Kotwali, District-Patna ------------- Petitioner Versus 1. THE STATE OF BIHAR 2. Dr.Nand Kishore Nandan, Son of Late Ramchandra Rai, resident of Mohalla-Chaudharain Temple Lane Naya Tola, P.S. Kazi Mohammadpur, District- Muzaffarpur ---- Opp.Parties. ----------- For the petitioner: None. For the State: Sri Lala Kailash Bihari Prasad, Sr.Advocate --------- 06 18-05-2010 On 14.5.2010 when the case was called out, none had 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. While adjourning the case, it was indicated that in this case, interim order of stay is continuing since long. It was further made clear that if on the next date no one appears on behalf of the petitioner, the case shall be decided on the basis of materials available on record even in absence of learned counsel for the petitioner. Today again, when the case was called out, none has come forward to press this petition. However, Sri Lala Kailash Bihari Prasad learned Senior Counsel appearing on behalf of the State is present. The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of the judgment and order dated 22.6.1999 passed by Sri Jagan Nath Rai, Judicial 2 Magistrate, Hajipur( Vaishali) in Complaint Case No.1275/95 T.R.No.398/99. By the said order, the learned Magistrate has acquitted Opp.Party no.2. While acquitting , the learned Magistrate directed the petitioner to show cause as to why a proceeding under Section 250 of the Code of Criminal Procedure be not initiated against him for award of compensation to Opp.Party no.2 Aggrieved with the Judgment and order dated 22.6.1999 , the petitioner approached this Court and the case was admitted and in the case the order of stay was granted on 12.8.1999. Subsequently, on 28.10.1999, the case was admitted for hearing and while admitting the case, this Court had directed that until further orders , the interim order dated 12.8.1999 shall continue and the order of stay is still continuing. I have examined the impugned Judgment and order passed by Sri Jagan Nath Rai, Judicial Magistrate, Hajipur( Vaishali). I do not find any error in the impugned Judgment and order and accordingly, I do not find any merit in the petition and the petition stands rejected. In view of rejection of the present petition, the interim order of stay stands automatically vacated. Let a copy of this order be sent to the court below forthwith. NKS/- ( Rakesh Kumar, J )