KUNIGAL RAMASWAMY SRIKANTAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) Three petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of an order dated 17.09.2002 passed by Sri B.D. Rai, Judicial Magistrate, 1st Class, Patna in Complaint Case No.1730 C of 2002. By the said order, the learned Magistrate has taken cognizance of offences under Sections 409,420,467,468, 471/120B of the Indian Penal Code.

(2.) In this case, despite the fact that a counter affidavit on behalf of Opp.Party no.2 has been filed, none has appeared on his behalf at the time of hearing of the present case.

(3.) Sri S.D. Sanjay, learned counsel appearing on behalf of the petitioners, submits that outside the court, settlement in between the parties has already arrived and due to that reason in respect of cases of two co-accused persons, this Court has already quashed the same order of cognizance. In this case, by order dated 17.09.2010, it was directed to list this case along with the record of Cr.Misc.No.17269 of 2003 disposed of on 25.4.2006 and Cr.Misc.No.12908 of 2003 disposed of on 10.12.2009.