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[Cites 2, Cited by 36]

Patna High Court

Manoj Prasad @ Manoj Kr.Sah vs State Of Bihar & Anr on 9 April, 2010

Author: Rakesh Kumar

Bench: Rakesh Kumar

                    Criminal Miscellaneous No.8652 OF 1999
                                   ----
                  In the matter of an application under Section
                  482 of the Code of Criminal Procedure, 1973.
                                   ----

               MANOJ PRASAD @ MANOJ KR.SAH SON OF LATE CHHATTHI
               LAL SAH, RESIDENT OF VILLAGE AND POLICE STATION
               MARHOWRAH, DISTRICT SARAN AT CHAPRA.
                         ...           ...   PETITIONER.
                                 Versus
            1. THE STATE OF BIHAR
            2. HARNATH SAH SON OF LATE THAKUR SAH, RESIDENT OF
               VILLAGE AND POLICE STATION- MARHOWRAH, DISTRICT
               SARAN AT CHAPRA.
                         ...            ... OPPOSITE PARTIES.
                                   ----
              For the Petitioner     :      None.
              For the State          : Mrs. Indu Bala Pandey,A.P.P.
                                   ----
                              P R E S E N T

THE HON'BLE MR. JUSTICE RAKESH KUMAR

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Rakesh Kumar,J. When the case was called out, no one appeared either to press this petition or to make a prayer for adjournment.

2. The present petition was filed by the petitioner with a prayer to quash a proceeding, which was initiated against him under Section 145 of the Code of Criminal Procedure. The present petition was admitted for hearing by an order dated 21.12.1999. While admitting the case, this Court directed that pending disposal of this application, further proceedings in Case No.1135 of 1998 pending in the court of Sub Divisional -2- Magistrate, Marhowrah, shall remain stayed. It appears that after lapse of such a long time, and in view of order of stay of proceeding under Section 145 of the Cr.P.C. passed by this Court, the petitioner has lost his interest in the present case.

3. I do not find any merit in this petition and petition stands rejected.

4. In view of rejection of the present petition, interim order of stay dated 21.12.1999 stands automatically vacated.

( Rakesh Kumar,J.) PATNA HIGH COURT Dated 9.4.2010 N.A.F.R./N.H.