Criminal Miscellaneous No.21532 OF 1998 ------ In the matter of an application under section 482 of the Code of Criminal Procedure. ------ RAM BACCHAN SINGH son of late Mahangu Prasad, resident of mohalla Chirayyatand, P.S.-Gandhi Maidan, Patna Town, Dist.-Patna. ……….. …………Petitioner Versus ASHARFI LAL SINGH son of Shri Punai Singh, resident of mohalla- Domanchak, P.S.-Phulwari (Gauri Chak), Dist.-Patna ….. …..Opp. Party. -------- For the petitioner: None For the State: Mr.A.M.P.Mehta, A.P.P. ------ P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR ------- Rakesh Kumar,J. On 23.3.2010 when the case was called out none appeared on behalf of the petitioner. While fixing the case to 29th March, 2010, it was recorded that from the order sheet, it appears that the interim order of stay of further proceeding in the court below is continuing since long. Today again when the case was called out none has come either to press this petition or to make a prayer for adjournment. 2. 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 order of cognizance dated 14.4.1998/15.4.1998, passed by Sri B.M.Singh, Judicial Magistrate, 1st Class, Patna in Complaint Case No.334C of 1997. 3. I have perused the order of cognizance as well as the complaint petition. I am of the view that while passing the order of cognizance, the learned Magistrate has committed no 2 error. Accordingly, the petition stands rejected. 4. In view of rejection of the present petition, the interim order of stay stands automatically vacated. 5. Let a copy of this order be communicated to the court below forthwith. Patna High Court The 5th April, 2010 NAFR/Md.S. ( Rakesh Kumar, J.)