Criminal Miscellaneous No.2989 OF 2000 ----- In the matter of applications under section 482 of the Code of Criminal Procedure ------ BIHARI JEE OJHA son of late Badri Narayan Ojha, resident of village-Dhawari, P.S.-Sahpur, Dist.-Bhojpur, presently residing at Afimi Kothi, Majhawa, Arrah …… …….Petitioner Versus STATE OF BIHAR ….. …..Opp.Party ----- With Criminal Miscellaneous No.4906 of 2000 ------ RAM SARIKH SAHAY @ RAM SARIKH LAL son of Suchit Sahay, resident of Village-Karup, P.S.-Kargahar, Dist.-Rohtas ……. ……..Petitioner Versus STATE OF BIHAR ….. ……Opp.Party ------- For the petitioner: None For the State: Mrs. Indu Bala Pandey, Addl. Public Prosecutor. ------- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR ------ Rakesh Kumar,J. Yesterday, when the cases were called out none appeared on behalf of the petitioners either to press these petitions or to make a prayer for adjournment. However, as a last indulgence, the cases were adjourned for a day. While adjourning the cases by order dated 19.5.2010, it was noticed that the order of stay is continuing since long. 2. Today, when the cases were called out, none has come forward either to press these petitions or to make a prayer for adjournment. 3. Both the petitioners, while invoking inherent jurisdiction of this court under section 482 of the Code of Criminal Procedure, have prayed for quashing of the order dated 13.12.1999 2 passed by learned Judicial Magistrate, 1st Class, Sasaram in G.R. No.1881 of 1991/ Tr. No.92 of 1999 arising out of Sasaram (T) P.S. Case No.551 of 1991. By the said order, the learned Magistrate has rejected the petition filed by the petitioners for their discharge. In the case cognizance, after submission of the charge sheet, appears to have been taken under sections 420, 466, 468 and 471 of the Indian Penal Code and at the stage of charge a petition was filed for discharge. However, by the impugned order i.e. order dated 13.12.1999, the learned Magistrate has rejected the discharge petition. 4. Aggrieved with the order of discharge, the petitioners have approached this court by filing the present petitions. In Cr.Misc. No. 2989 of 2000 by order dated 25.2.2000, while calling for the lower court record, this court had directed that in the meantime, further proceeding in G.R. No.1881 of 1991/Tr. No.92 of 1999 pending in the court of Judicial Magistrate, 1st Class, Sasaram, shall remain stayed. Subsequently, on 15.3.2000 this petition was admitted and it was directed that pending disposal, further proceeding in G.R. No.1881 of 1991/Tr. No.92 of 1999 pending in the court of Judicial Magistrate, 1st Class, Sasaram shall remain stayed, so far as this petitioner is concerned. Criminal Misc. No.4906 of 2000 was admitted on 13.11.2000 and it was directed that this application will be heard along with Cr. Misc. No.2989 of 2000. In this case also it was directed that during the pendency of this application, further proceeding in G.R. No.1881 of 1991/Tr. No.92 of 1999 pending in the court of the Judicial Magistrate, 1st Class, Sasaram, as against 3 this petitioner, shall remain stayed. Accordingly, both the petitions were finally heard together. 5. Mrs. Indu Bala Pandey, learned Additional Public Prosecutor, appearing on behalf of the State, has opposed the prayer of the petitioner. She, after examining the lower court records and materials available on record, submits that the learned Magistrate, has rightly rejected the discharge petition. 6. I have also examined the materials available on record as well as the impugned order. I do not find any defect in the order dated 13.12.1999, whereby the discharge petition was rejected. Accordingly, the petitions stand rejected. 7. In view of rejection of the petitions, interim order of stay stands automatically vacated. 8. As per the earlier order, lower court record was received. Since the petitions stand rejected, office is directed to send back the lower court record along with a copy of this order forthwith. Patna High Court The 20th May, 2010 NAFR/Md.S. ( Rakesh Kumar, J.)