NANDKISHORE PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) 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 entire criminal proceeding pending against him in Complaint Case No. 1278 of 1997. The Petitioner has also prayed for quashing of order dated 23.7.1998 passed by Sri L.S. Kushawaha, Judicial Magistrate, 1st Class, Samastipur in T.R. No. 929/98. By the said order, the learned Magistrate had taken cognizance of the offence under Sections 323, 342, 379 and 504 of the Indian Penal Code. The case has been initiated on the basis of complaint filed by Opp. Party No. 2.

(2.) The present case was admitted on 5.1.1999 by this Court and while admitting the case, it was directed that during the pendency of this application, further proceeding shall remain stayed and order of stay is still continuing.

(3.) Despite valid service of notice on Opp. Party No. 2, Opp. Party No. 2 has not appeared before this Court.