Criminal Miscellaneous No.1238 OF 1998 -------------- In the matter of an application under Section 482 of the Code of Criminal Procedure ------------- Ram Bilas Singh, Son of Late Hari Prasad Singh, resident of 18K, P.Road, Purani Godown, Gaya,P.S. Gaya Kotwali in the town and district of Gaya ------------------ Petitioner Versus 1. THE STATE OF BIHAR 2. Range Officer, BISCOMAN, Katihar ---------------- Opp.Parties. ----------- P R E S E N T THE HON'BLE SHRI JUSTICE RAKESH KUMAR Rakesh Kumar, J The petitioner in the present case has challenged the order dated 2.5.1997 passed by the learned Chief Judicial Magistrate, Katihar in Katihar P.S. Case No.73 of 1990, corresponding to G.R. Case No.291 of 1990. By the impugned order, cognizance for offences under Sections 408,409,420,465,467,468,471 and 120 of the Indian Penal Code was taken. In the present case, after investigation the police had submitted chargesheet and thereafter on the basis of materials available on record, the learned court below had taken cognizance of the offences. On perusal of the impugned order, I do not find any error nor is there any illegality in the impugned order. Moreover, I am of the view that if there is statutory remedy available in the Code of Criminal Procedure , one may - 2 - not be allowed to by-pass all these provisions and invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure. This power is to be exercised in exceptional and rarest of rare cases. I do not find that the present case can be put in the category of exceptional or rarest of rare cases. Accordingly, I do not find any merit in the present petition. Petition stands rejected. In this case by the order dated 3.2.1998 interim order of stay was passed and by order dated 28.4.1998, the petition was admitted and it was directed that during the pendency of this application the interim order dated 3.2.1998 shall continue. In view of the rejection of the present petition, the interim order of stay stands automatically vacated. Let this order be communicated to the court below forthwith. Patna High Court,Patna Dated: the 19th March,2010 Nawal Kishore Singh/N.A.F.R. ( Rakesh Kumar, J)