IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11405 of 2005 RAJENDRA SINGH Versus STATE OF BIHAR & ANR ----------- 4 28.2.2009 When this case of the year 2005 is called out non respond on behalf of the petitioners although the learned A.P.P. is present. The petitioner who happens to be the complainant of Complaint Case No. 1485C of 2004 has questioned the validity and legality of order dated 7.2.2005 passed therein by the learned Chief Judicial Magistrate, Begusarai, whereby he has directed the S.I. Begusarai (Town) P.S. to take appropriate steps in the light of his petition to the effect that another case in respect of the same occurrence being Surajgaraha P.S. Case No. 222 of 2004 under sections 302, 201/34 IPC has already been registered earlier wherein investigation was in progress and accordingly seeking permission for transferring the said case to Surajgaraha P.S. in the Lakhisarai Judgeship. It appears from perusal of the order sheet dated 20.12.2005 of this application , notice was directed to be issued to O.P. No. 2 by both process, for which peremptory time was granted and the order not having been complied with, the application stood dismissed as against O.P .No. 2 by efflux of the peremptory time. Then by order dated 7.8.2008 it was directed that this case would proceed against O.P. No. 1, the State of Bihar only. Since none appears on behalf of the petitioner who had sought to challenge an order dated 7.2.2005 and there being no order - 2 - passed by this Court staying further proceeding in the court below the status of the case in the court below is not known. The absence of the learned counsel for the petitioner has further aggregated the matter. No gainful purpose in the circumstances would appear to be served by keeping this application pending any further which is dismissed for non prosecution. Spd/- (Abhijit Sinha, J.)