High CourtsSingle Bench(2010) 04 PAT CK 0152

Vijay Kumar Kejriwal and Sheo Shankar Singh vs The State of Bihar and Kaniram Kejriwal Charity Trust

Patna High Court · Decided on 20 April 2010

HON’BLE JUDGES
Rakesh Kumar, J
RESULT
Dismissed

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Judgment

7 paragraphs · 246 words

Rakesh Kumar, J.—In this case, on 15.4.2010, when the case was called out, none appeared on behalf of the petitioners either to press this petition or even to make a prayer for adjournment. However, as a last indulgence, by order dated 15.4.2010, the case was adjourned for a day.

2.

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

3.

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 20.5.1999 passed by Shri S.D. Singh, Judicial Magistrate, 1st Class, Bhabhua in Complaint Case No. 147 of 1999. By the said order, learned Magistrate has taken cognizance for the offence u/s 28 read with Section 5 of the Bihar Building (Lease, Rent and Eviction) Control Act, 1982 and Section 403 read with Section 109 of the Indian Penal Code against the petitioner and others.

4.

I have perused the impugned order. I do not find any error in the order impugned.

5.

Accordingly, there is no merit in the petition and petition stands rejected.

6.

By order dated 25.8.1999, while admitting the case, this Court had directed that during the pendency of the application, further proceeding so far as it relates to the petitioners shall remains stayed. In view of rejection of the present petition, order of stay stands automatically vacated.

7.

Let a copy of this order be communicated to the court below forthwith.