Criminal Miscellaneous No.8005 OF 1999 ------- In the matter of an application under section 482 of the Code of Criminal Procedure. ------ JANARDAN THAKUR son of Sri Kailash Thakur, resident of village-Puchkhanda, P.S.-Mashrak Dist.- Saran …… ……Petitioner Versus 1. STATE OF BIHAR 2. Chandrama Pd. Thakur son of late Shyamdeo Thakur, resident of village-Panchkanda, P.S.Mashrak, Dist.-Saran …… ….Opposite Party ------- For the petitioner: None For opp.party no.2: None For the State: Mr. Suraj Prasad Singh, APP ------ P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR ------ Rakesh Kumar,J. On 9.4.2010 when the case was called out none appeared on behalf of the petitioner. However, as a last indulgence the case was adjourned for a day. Today also when the case was called out, none has appeared on behalf of the petitioner either to press this petition or even 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 dated 12.9.1996 passed by learned Sub. Divisional Judicial Magistrate, Chapra in Complaint Case No. 749 of 1993/Trial No.1376 of 1997. By the said order the learned Magistrate had taken cognizance of the offence under section 380 of the Indian Penal Code. The petitioner has also prayed for quashing of the order dated 27.1.1999 passed by Sessions Judge, Chapra. By the said order the learned Sessions Judge has rejected the Cr. Revision No.352 of 1997 which was 2 preferred by this petitioner against the order of cognizance dated 12.9.1996. 3. In the present petition the ground has been taken that for the same set of facts second complaint petition was filed and as such, second complaint petition on the same allegation was not maintainable. 4. Without going into the merit of the case, since no one has appeared on behalf of the petitioner, I am of the view that after obtaining the order of stay, the petitioner has lost interest in the present case and, as such, the petition stands rejected. 5. By order dated 24.11.1999 while issuing notice to opposite party no.2, this court had directed that in the meantime, further proceeding in Trial No.1376 of 1997 pending in the court of Sub. Divisional Judicial Magistrate, Chapra shall remain stayed. Subsequently, on 9.2.2000 this petition was admitted and it was directed that pending disposal of this application, further proceeding in Trial No.1376 of 1997 pending in the court of Sub. Divisional Judicial Magistrate, Chapra shall remain stayed. 6. In view of rejection of this petition, the order of stay stands automatically vacated. 7. Let a copy of this order be communicated to the court below forthwith. Patna High Court, The 12th April 2010 NAFR/Md.S. ( Rakesh Kumar, J.)