IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25811 of 2005 KISHAN MEHROTRA, Son of Shri Sunil Kumar Mehrotra, Resident of Shyam Sadan Complex, Exhibition Road, P.S. Gandhi Maidan, Town and District Patna. ………Petitioner Versus 1. THE STATE OF BIHAR 2. THE BIHAR STATE CREDIT & INVESTMENT CORPORATION LTD., Indira Bhawan, 4th Floor, Ram Charitra Singh Path, Boring Canal Road, P.S. Shri Krishnapuri, Town and District Patna. …….Opposite Parties For the Petitioner : Mr. Kali Das Chattergi and Mr. Amlesh Kumar Verma, Advocates For the State : Mr. Damodar Prasad Tiwary, A.P.P. ----------- 06 30.08.2010 Heard learned counsel for the petitioner and Additional Public Prosecutor for the State. None appeared on behalf of the opposite party no. 2, even on previous hearing. This case was heard and judgment was reserved, thereafter it was came into notice of this Court that petitioner Kishan Mehrotra, son of Shri Sunil Kumar Mehrotra is not accused in Complaint Case No. 191 (M) of 2005, where in only two persons are named accused, first one is Sunil Kumar Mehrotra, son of Shyam Behari Mehrotra and another is Kishan Mehrotra, son of Shyam Behari Mehrotra, non-else and since petitioner is not son of Shyam Behari Mehrotra, he has no locus standi to come before this Court, seeking quashing of the complaint and order taking cognizance. 2 On finding the above, this case brought today under heading to be mentioned and learned counsel for the petitioner submits that since he has received the summons, he cannot at his own withdraw the application. Learned Additional Public Prosecutor submits that when the petitioner is not made accused in the complaint petition only he has received the summons erroneously, it cannot be presumed that he is an accused before the court below. In view of the above submissions and in absence of any material or contents in the application for quashing about the fact that petitioner with its identity as mentioned is an accused. In view of the above petitioner has got no locus standi to maintain this application for quashing. Accordingly, this application is dismissed as having become not maintainable and infructuous. Praveen/- (Akhilesh Chandra, J.)