IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.13228 of 1998 1. DHARMENDRA KUMAR 2. Bidhan Chandra Prasad Both sons of Late Jagarnath Prasad, both residents of village Hariharpur PS Jadopur district Gopalganj .......Petitioners Versus THE STATE OF BIHAR .......Opposite Party ----------- 11 11-03-2010 On repeated calls nobody appears on behalf of the petitioners to press this quashing application. The prayer made in this quashing application is for quashing the order of cognizance dated 8-6-1998 whereby cognizance was taken against the petitioners u/s 324/307/34 of the IPC in Jadopur PS case no. 247/97 dated 2-11-1997. From the order sheet of this case it transpires that records of G.R. Case No. 1897/97 were called for on 6-8-98 and interim order was passed that no coercive step shall be taken against the petitioners. Thereafter the informant appeared and this application was admitted for hearing on 11-1-99. Further proceedings in the court below were stayed. On 13-11-2003 when the case was taken up for hearing nobody appeared on repeated calls and hence, this application was dismissed for non prosecution. The case was restored on 19-8-2004 and again the lower court records were called for. On 28-2-2007 time was taken on the ground of possibility of compromise but on the next date nobody appeared on behalf of either of the parties but the case was adjourned. Again on 24-4-2007 nobody appeared on behalf of the petitioners although counsel for the O.P. no.2 was present. 2 Considering the chequered history of this old case pending since 1998, there is no option but to record that the conduct of the petitioners do not deserve any interference in exercise of inherent power u/s 482 of the Code of Criminal Procedure. This application is, therefore, dismissed. It is made clear that any application for restoration of this case shall be considered only on payment of exemplary costs. The lower court records be sent down immediately. BKS/- (Shiva Kirti Singh, J.)