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2010 DIGILAW 2384 (PAT)

Ram Nath Mishra, Son Of Late Prabhu Narain Mishra v. State Of Bihar

2010-10-28

RAKESH KUMAR

body2010
JUDGEMENT Rakesh Kumar, J. 1. Today again, on call none appeared on behalf of the Petitioner either to press this petition or to make a prayer for adjournment On 25.10.2010 also, none appeared on behalf of the Petitioner. However, the case was adjourned for the day with an indication that no further adjournment shall be granted. It was noticed that in this case, interim order of stay was continuing since 10.12.2007. 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 an order dated 20.2.2007 passed by learned Chief Judicial Magistrate, Darbhanga in G.O. Case No. 39 of 2007. By the said order, learned Magistrate has taken cognizance of offences under Section 419, 205 and 109 of the Indian Penal Code. 3. It was alleged by learned Fast Track Court No. III that the Petitioner impersonating himself as a witnesse had filed attendance during the trial and he was ready to depose and thereafter it was noticed that he was an impersonator and he was taken into custody. Thereafter, a complaint was filed and the learned Magistrate vide its order dated 20.2.2007 has taken cognizance of offences under Section 419, 205 and 109 of the Indian Penal Code. 4. I have perused the materials available on record. I find no defect in the order of cognizance. 5. Accordingly, the petition stands rejected. 6. In view of rejection of the present petition, interim order of stay dated 10.12.2007 stands automatically vacated.Let a copy of this order be sent to the court below forthwith.