VIJAY KUMAR TEKRIWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) On 22nd March, 2010, on repeated call, none appeared on behalf of the petitioners either to press the petition or to make a prayer even for a pass over. Today again, when the case was called out, no one appears to press this petition nor for making a prayer for adjournment.

(2.) In this case, by order dated 3.8.1998, while issuing notice to opposite party no.2 to file show cause, this Court had ordered that in the meanwhile, further proceeding in the court below shall remain stayed. Subsequently, by order dated 14.1.1999, the petition was admitted for hearing and it was directed that during the pendency of this application, interim order passed on 3.8.1998 shall continue. However, learned counsel Sri Nirmal Kumar is present on behalf of opposite party no.2.

(3.) The petitioners, while invoking inherent jurisdiction under Section 482 of the Code of Criminal Procedure, had approached this Court for quashing of entire criminal proceedings arising out of Srikrishnapuri P.S. Case No.80 of 1996 (G.R. No.2111/96) for the offence under Sections 406, 420 and 120B of the Indian Penal Code. In the present case, at the stage of charge a discharge petition under Section 239 of the Code of Criminal Procedure, was filed on behalf of the petitioners before the court of Mr. Zafar Imam, Judicial Magistrate, 1st Class, Patna. The learned Magistrate by its order dated 19.3.1998 rejected the discharge petition filed on behalf of the petitioners.