Criminal Miscellaneous No.26384 OF 1999 ---- In the matter of an application under Section 482 of the Code of Criminal Procedure, 1973. ---- NEERAJ KUMAR CHOUDHARY, SON OF SRI BISHWANATH CHAUDHARY, RESIDENT OF VILLAGE/MOHALLA-RADHA SINHA ROAD, P.S. KOTWALI, DISTRICT-BHAGALPUR. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR 2. SRI RAJ SHEKHAR SINGH, SON OF SRI SHIV KUMAR SINGH, RESIDENT OF VILLAGE/MOHALLA- RADHA RANI SINHA ROAD, ADAMPUR, P.S. KOTWALI, DISTRICT- BHAGALPUR. ... ... OPPOSITE PARTIES. ---- For the Petitioner : None For the State : Mrs. Indu Bala Pandey, A.P.P. ---- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR ---- Rakesh Kumar,J. Yesterday, when the case was called out, none 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. While adjourning the case, it was noticed in order dated 11.5.2010 that in this case, further proceedings in the court below was stayed on 7.3.2000 and stay is still continuing. It was also observed that it appears that after obtaining the order of stay, the petitioner has lost his interest in the present case and due to that reason, none has come forward to press this petition. It was further indicated that if on the - 2 - next date, no one appears on behalf of the petitioner, the case shall be decided on the basis of materials available on the record of the case. 2. Today again, when the case was called out, none has come forward to press this petition. 3. The petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of order dated 7.2.1998 passed by the Chief Judicial Magistrate, Bhagalpur in Kotwali P.S. CaseNo.543 of 1997. By the said order, the learned Magistrate has taken cognizance of offence under Sections 406 and 420 of the Indian Penal Code and thereafter, transferred the case for disposal to the court of Sri S.P. Mishra, Judicial Magistrate, Bhagalpur. 4. I have examined the F.I.R. as well as impugned order. I do not find any defect in the order of cognizance. Accordingly, there is no merit in the present petition and petition stands rejected. 5. In view of rejection of this petition, interim order of stay dated 7.3.2000 stands automatically vacated. 6. Let a copy of this order be sent to - 3 - the court below forthwith. 7. In this case, earlier lower court record was called for, which is lying with the record of the present case. Since the petition has been rejected, office is directed to remit back the lower court record forthwith. ( Rakesh Kumar,J.) PATNA HIGH COURT Dated 12.5.2010 N.A.F.R./N.H.