Sri Raghunath @ Raghunath Rai vs The State of Bihar and Naina Devi

Rakesh Kumar, J.—On call, none appeared on behalf of the Petitioner either to press this petition or to make a prayer for adjournment. It appears that the present petition was rejected twice due to non-prosecution. On 6.7.2007, it was rejected due to non-prosecution, however, it was subsequently restored. Again on 9.10.2007 it was dismissed for non-prosecution and thereafter it was restored.

The sole Petitioner while invoking inherent jurisdiction of this Court u/s 482 of the Code of Criminal Procedure has prayed for quashing of an order dated 21.3.2005 passed by the learned Judicial Magistrate, First Class, Patna in Complaint Case No. 1020(c) of 2004. By the said order learned Judicial Magistrate has taken cognizance of offence under Sections 323, 379 and 506 of the Indian Penal Code.

On perusal of the complaint petition and the impugned order, the Court is satisfied that the learned Judicial Magistrate has committed no error. The complaint petition discloses commission of the offence and the learned Judicial Magistrate has rightly taken cognizance of the offence. Accordingly, I do not find any merit.

The petition stands rejected.

In view of the rejection of this petition interim order of stay dated 8.4.2009 stands automatically vacated.