NEERAJ KUMAR CHOUDHARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Yesterday, when the case was called out, none appeared on behalf of the petitioner either to press this petition or to make a prayer for adjournment. However, as a last indulgence, the case was adjourned. While adjourning the case, it was noticed in order dated 11.5.2010 that in this case, further proceedings in the court below was stayed on 7.3.2000 and stay is still continuing. It was also observed that it appears that after obtaining the order of stay, the petitioner has lost his interest in the present case and due to that reason, none has come forward to press this petition. It was further indicated that if on the next date, no one appears on behalf of the petitioner, the case shall be decided on the basis of materials available on the record of the case.

(2.) Today again, when the case was called out, none has come forward to press this petition.

(3.) The petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of order dated 7.2.1998 passed by the Chief Judicial Magistrate, Bhagalpur in Kotwali P.S. CaseNo.543 of 1997. By the said order, the learned Magistrate has taken cognizance of offence under Sections 406 and 420 of the Indian Penal Code and thereafter, transferred the case for disposal to the court of Sri S.P. Mishra, Judicial Magistrate, Bhagalpur.