HARI KRISHNA JHA 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, had approached this Court in the month of April, 2003 with a prayer to quash the order of cognizance, which was passed long back on 22.4.1997. By order dated 22.4.1997, the Addl. Chief Judicial Magistrate, Patna has taken cognizance of offences under Sections 409, 420 and 120B of the Indian Penal Code in Case No.467(M) of 1997.

(2.) Short fact of the case is that a complaint was filed by Bihar State Khadi and Village Industries Board, Patna (hereinafter referred to as the Khadi Board) in the court of learned Chief Judicial Magistrate, Patna against the petitioner, which was numbered as Case No.467 (M) of 1997. In the complaint petition, various allegations were levelled against the petitioner. Since it was an official complaint, learned Addl. Chief Judicial Magistrate, Patna by its order dated 22.4.1997 took cognizance of offences, as stated above.

(3.) Aggrieved with the order of cognizance, the petitioner filed the present application under Section 482 of the Code of Criminal Procedure on 8.4.2003. While issuing notice to Opp.Party no.2 by order dated 13.11.2003, this Court directed that in the meantime further proceeding in the court of A.C.J.M., Patna in Case No.467 (M) of 1997 shall remain stayed. Subsequently, the petition was admitted for hearing on 18.11.2005 and it was directed that in the meantime, the interim order dated 13.11.2003 shall continue .The order of stay is still continuing.