CHITTARANJAN PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Office note dated 5.11.2004 indicates that the present petition was to be heard along with Cr. Misc. No. 20577 of 2001. However, the case, i.e. Cr. Misc. No. 20577 of 2001 is not listed before this Bench. Accordingly, the present petition is being disposed of separately.

(2.) No one appears on behalf of the petitioner.

(3.) 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 order dated 25.9.1998, whereby Sri S.C. Pandey, Chief Judicial Magistrate, Saharsa had taken cognizance of the offences under Sections 379 and 411 of the Indian Penal Code in Saharsa P.S. Case No. 253 of 1998, G.R. No. 829 of 1998. It appears that immediately after order of cognizance the petitioner rushed to this Court, while invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure. By the order dated 8.12.1998, the petition was admitted and during the pendency of this application, this Court had directed that further proceeding in Saharsa P.S. Case No. 253 of 1998, G.R. No. 829 of 1998 pending in the court of the learned Chief Judicial Magistrate, Saharsa shall remain stayed. Since 8.12.1998 the stay order is continuing.