Criminal Miscellaneous No.14280 OF 1999 ------ In the matter of an application under section 482 of the Code of Criminal Procedure. ------- SHEIKH RAFIUDDIN AHMAD son of Sheikh Abul Hussain Domnie Autumobiles Service 88, Jhau Talla Road, P.S.-Bania pokhar Dist.-Calcullta-17 Permanent resident of 22/I, Brite Estate Calcutta- 17. …. ……Petitioner Versus 1.STATE OF BIHAR 2.Mohammad Jinat Hussain son of Abdul Khalik Hussain, Resident of village-Ajaibganj, Bhagwan Bazar, Dist.-Chapra …….. …….. Opp. Parties. -------- For the petitioner: None For the State: Mr.Hriday Prasad Singh, APP ------ P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR ------- Rakesh Kumar,J. When the case was called out none 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 5.12.1997 passed by Sri Gayan Chandra Gupta, Judicial Magistrate, Ist Class, Chapra in Trial No.C-876 of 1997. By the said order the learned Magistrate has taken cognizance for the offence under section 406 of the Indian Penal Code. 3. Mr.Hriday Prasad Singh, learned Addl.P.P., appearing on behalf of the State, while opposing the petition submits that there is no defect in the order of cognizance and moreover at the initial stage this court may not interfere that too while exercising power under section 482 of the Code of Criminal 2 Procedure. 4. I have also examined the materials available on the record as well as the impugned order. I do not find any defect in the order of cognizance. Accordingly, the petition stands rejected. 5. In this case by an order dated 27.8.1999 while issuing notice to opposite party no.2, this court had directed that during the pendency of this application, further proceeding in the court below shall remain stayed. Subsequently, the petition was admitted on 4.12.2000 and it was directed that during the pendency of this application, interim order dated 27.8.1999 shall continue. 6. In view of rejection of the present petition, the interim order of stay stands automatically vacated. 7. Let a copy of this order be sent to the court below forthwith. Patna High Court The 20th April, 2010 NAFR/Md.S. ( Rakesh Kumar, J.)