UMASHANKAR PRASAD SRIVASTAVA Vs. NAWAL KISHORE SINGH

JUDGEMENT

(1.) On 23.4.2010, on repeated calls, none appeared on behalf of the petitioner. However, as a last indulgence the case was adjourned for a day. While adjourning the case, it was indicated that in this case since 8.9.1999 the interim order of stay is continuing. It was further made clear that, if on the next day no one appears on behalf of the petitioner, the case will be decided on the basis of materials available on the record of this case.

(2.) Today again, on repeated calls, none has appeared on behalf of the petitioner either to press this petition or to make a prayer for adjournment. It appears that, after obtaining an order of stay, the petitioner has lost his interest in the present case and , as such, none has come forward even to make a prayer for adjournment.

(3.) The petitioner, while invoking inherent jurisdiction of this court under section 482 of the Code of Criminal Procedure, has prayed for quashing of the order dated 4.12.1998 passed in Complaint Case No.490 of 1997. By the said order dated 4.12.1998 the learned Sub.Divisional Judicial Magistrate, Sikrahana at Motihari has taken cognizance for the offences under sections 406, 420 and 504 of the Indian Penal Code.