Research › Search › Judgment

Patna High Court · body

2010 DIGILAW 603 (PAT)

Ram Bacchan Singh v. Asharfi Lal Singh

2010-04-05

RAKESH KUMAR

body2010
JUDGEMENT Rakesh Kumar and j. JJ. 1. On 23.3.2010 when the case was called out none appeared on behalf of the petitioner. While fixing the case to 29th March, 2010, it was recorded that from the order sheet, it appears that the interim order of stay of further proceeding in the court below is continuing since long. Today again when the case was called out none has come either to press this petition or 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 of cognizance dated 14.4.1998/15.4.1998, passed by Sri B. M. Singh, Judicial Magistrate, 1st Class, Patna in Complaint Case No.334c of 1997. 3. I have perused the order of cognizance as well as the complaint petition. I am of the view that while passing the order of cognizance, the learned Magistrate has committed no error. Accordingly, the petition stands rejected. 4. In view of rejection of the present petition, the interim order of stay stands automatically vacated. 5. Let a copy of this order be communicated to the court below forthwith.