PASHUPATI NATH Vs. STATE OF BIHAR

JUDGEMENT

(1.) No one appears either on behalf of the petitioners or on behalf of opposite party no.2. However, Sri Pramanand Prasad appears on behalf of the State.

(2.) The present petition was filed against the order of cognizance dated 4.9.1998 passed by Shri Anil Kumar Singh, Judicial Magistrate, Ist Class, Patna in Complaint Case No.187 (C) of 1998 for the offence under Section 498 A of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. The petitioners have further prayed for quashing of the entire proceeding in Complaint Case No.187(C) of 1998. The order of cognizance was passed on 4.9.1998 and thereafter, the petitioners approached this Court, while invoking its inherent jurisdiction under Section 482 of the Code of Criminal Procedure. By an order dated 26.2.1999, while issuing notice to opposite party no.2, this Court had directed that pending hearing of the application in the admission matter, further proceedings as against the petitioners in Complaint Case No.187(C) of 1998 pending before Shri Anil Kumar Singh, Judicial Magistrate, Ist Class, Patna shall remain stayed. Subsequently, on 30.7.1999, the petition was admitted. While admitting the case, this Court directed that during the pendency of this application, further proceeding in the court below as against petitioners shall remain stayed. It appears that after obtaining the order of stay, the petitioners have lost their interest in the present proceeding and due to that reason, no one has come forward either to press this petition or to make a prayer for adjournment.

(3.) Learned counsel for the State opposes the prayer of the petitioners. He submits that the petitioners have come at a very initial stage of the proceeding and as such this Court may not interfere into the matter.