MOHAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) The two petitioners have approached this Court, while invoking inherent jurisdiction under Section 482 of the Code of Criminal Procedure, with a prayer to quash the entire proceeding of Complaint Case No. 134 of 1992/Tr. No. 133 of 1994 as well as for quashing of the order taking cognizance dated 13.5.1992.

(2.) During the pendency of the present petition, petitioner No. 2, who was mother-in-law of the complainant, died which has been informed by Sri Ram Balak Mahto, Senior Advocate. The death occurred on 27.11.2009. This fact has not been disputed by the learned Counsel, who appears on behalf of Opp. Party No. 2. Accordingly, the case of petitioner No. 2 stands abated.

(3.) This quashing application was firstly heard on 3.8.1999 and on the date, while issuing notice to Opp. Party No. 2 for filing show cause, this Court ordered that till further order, further proceedings in the court below in Complaint Case No. 134 of 1992/Tr. No. 133 of 1994 shall remain stayed. Subsequently, on 7.1.1999, the case was admitted for hearing and it was directed that during the pendency of this application, the interim order dated 3.8.1998 shall continue.