- (1.)Heard Shri Jitendra Singh, learned Senior Counsel appearing on behalf of the petitioner and Smt. Indu Bala Pandey, learned Additional Public Prosecutor on behalf of the State.
(2.)The petitioner invoking inherent jurisdiction of this Court under Section 482 of Cr.P.C. has prayed for quashing of order dated 1.11.2003 whereby learned Ist Class Judicial Magistrate had taken cognizance of the offence under Sections 406, 420, 467, 468, 471, 409 and 34 of the Indian Penal Code in Sachivalaya P.S. Case No.746 of 1988. The petitioner has further prayed for quashing of the entire proceeding in Sachivalaya P.S. Case No.746 of 1988 corresponding to Trial No.684 of 2004 pending in the court of Ist Class Judicial Magistrate, patna.
(3.)The ground for quashing of the entire proceeding including order taking cognizance is mainly based on pendency of the proceeding since long and learned counsel for the petitioner has thrashed his argument that it is a case of violation of fundamental right enshrined under Section 21 of the Constitution of India of the petitioner.