Criminal Miscellaneous No.23476 OF 1998 In the matter of an application under Section 482 of the Code of Criminal Procedure ----------- Nawal Kishore Mishir,Son of Late Madan Mishir , resident of Bareja, P.S. Daudpur, District-Chapra ------ Petitioner Versus 1. THE STATE OF BIHAR 2. Bashudhanand Pandey, Son of Late Sarvanand Pandey, resident of Village- Bareja, P.S. Daudpur, District-Chpara --------------- Opp.Parties. --------------- For the petitioner: None For Opp.Party no.2: None For the State : Mr. Raj Ballabh Singh, A.P.P. ------------ P R E S E N T THE HON'BLE SHRI JUSTICE RAKESH KUMAR Rakesh Kumar, J. On 25.3.2010 when the case was called out, none appeared on behalf of the petitioner either to press the petition or to make a prayer even for pass over. However, as a last indulgence, the case was ordered to be listed again on 5th April, 2010 under the same heading. 2. It was made clear on 25.3.2010 that on the next date if none appears on behalf of the petitioner, the matter will be decided in his absence on the basis of materials available on record. 3. Today when the case was called out, none has come forward to press this petition. However, Sri Raj Ballabh Singh appears on behalf of the State. It may be reiterated that by order dated 9.8.1999, while admitting the case, this Court had directed that during the pendency of this application further proceeding with regard to this petitioner shall remain stayed. 4. From the conduct of the petitioner, it appears that after obtaining the order of stay one way or the other the petitioner wants to delay 2 in disposal of this Case. 5. The present petition was filed for quashing of the order dated 19.9.1998 passed by Sri Gyan Chandra Gupta, J.M. 1st Class, Chapra in Trial No.1431 of 1998. By the said order, the learned Magistrate has taken cognizance of offences under Sections 143,148,149,323,341,379 of the Indian Penal Code. 6. On perusal of the impugned order, I do not find any defect in the same. Accordingly, there is no merit in the present petition and the petition stands rejected. 7. In view of the rejection of this petition, the interim order of stay stands automatically vacated. Let a copy of this order be sent to the court below forthwith. Patna High Court,Patna Dated : the 13th April,2010 Nawal Kishore Singh/N.A.F.R. ( Rakesh Kumar, J )