Criminal Miscellaneous No.12771 OF 1999 ---- In the matter of an application under Section 482 of the Code of Criminal Procedure, 1973. ---- 1. VIJAY KUMAR KEJRIWAL, SON OF LATE INDAR CHAND KEJRIWAL, 52, ZAKARIA STREET, CALCUTTA – 73, TRUSTEE, KANIRAM KEJRIWAL CHARITY TRUST HAVING ITS REGISTERED HEAD OFFICE AT 52 ZAKARIA STREET, CALCUTTA AND ONE OF THE BRANCH OFFICES AT BHABUA, JANKI MARKET, BHABUA. 2. SHEO SHANKAR SINGH, SON OF SRI RAM NATH SINGH, RESIDENT OF BHABUA WARD NO.2, P.S. BHABUA, P.O. BHABUA, DISTRICT KAIMUR, MANAGER, KANIRAM KEJRIWAL CHARITY TRUST WITH ITS REGISTERED HEAD OFFICE AT 52 ZAKARIA STREET, CALCUTTA AND ONE OF THE BRANCH OFFICES AT BHABUA, JANKI MARKET, BHABUA. ... ... PETITIONERS. Versus 1. THE STATE OF BIHAR 2. KANIRAM KEJRIWAL CHARITY TRUST, REGISTERED HEAD OFFICE, 52 ZAKARIA STREET, CALCUTTA AND ONE OF THE BRANCH OFFICES AT BHABUA, JANKI MARKET, BHABUA, THROUGH MURALIDHAR OJHA, SON OF LATE SURAJDEO OJHA, MANAGER, DHARAMSHALA, GANDHI PATH, SASARAM, P.S. TOWN, P.S. SASARAM, DISTRICT ROHTAS, AND OCCASSIONALLY RESIDING AT KANIRAM DHARAMSHALA, EKTA CHOUK, BHABUA, P.S. BHABUA, DISTRICT KAIMUR. ... ... OPPOSITE PARTIES. ---- For the Petitioner : None For O.P. No.2 : None For the State : Mr. Parmanand Prasad,A.P.P. ---- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR ---- Rakesh Kumar,J. In this case, on 15.4.2010, when the case was called out, none appeared on behalf of the petitioners either to press this petition or even to make a prayer for adjournment. However, as a last indulgence, by order dated 15.4.2010, the case was adjourned for a day. - 2 - 2. Today again, when the case was called out, none has come forward to press this petition. 3. Two petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of order dated 20.5.1999 passed by Shri S.D. Singh, Judicial Magistrate, Ist Class, Bhabhua in Complaint Case No.147 of 1999. By the said order, learned Magistrate has taken cognizance for the offence under Section 28 read with Section 5 of the Bihar Building (Lease, Rent and Eviction) Control Act,1982 and Section 403 read with Section 109 of the Indian Penal Code against the petitioner and others. 4. I have perused the impugned order. I do not find any error in the order impugned. 5. Accordingly, there is no merit in the petition and petition stands rejected. 6. By order dated 25.8.1999, while admitting the case, this Court had directed that during the pendency of the application, further proceeding so far as it relates to the petitioners shall remains stayed. In view of rejection of the present petition, order of stay stands automatically vacated. - 3 - 7. Let a copy of this order be communicated to the court below forthwith. ( Rakesh Kumar,J.) PATNA HIGH COURT Dated 20.4.2010 N.A.F.R./N.H.