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Judgment
Rakesh Kumar, J.—No one appears on behalf of the petitioners.
Two petitioners, while invoking inherent jurisdiction of this Court u/s 482 of the Code of Criminal Procedure, have prayed for quashing of order dated 16.5.1989 pending in the court of Sri Inderdeo Singh, Judicial Magistrate, 1st Class, Patna. By the said order, learned Magistrate had taken cognizance for the offence u/s 406 of the Indian Penal Code.
I have examined the impugned order as well as the materials available on record. I do not find any defect in the order of cognizance.
Accordingly, the petition stands rejected.
In this case, by order dated 12.9.1995, while issuing notice to opposite party No. 2, this Court had directed that "in the meantime further proceeding of the case in the court below shall remain stayed". Subsequently, by order dated 2.2.1998, the petition was admitted. While admitting the case, this Court directed that in the meantime, interim order dated 12.9.1995 shall continue. Thereafter, interim order is still continuing. It appears that after obtaining the order of stay, the petitioners have lost their interest in the present case and, accordingly, none has come forward either to press this petition or to make a prayer for adjournment.
In view of rejection of the present petition, interim order of stay stands automatically vacated.
Let a copy of this order be communicated to the court below forthwith.