IN THE HIGH COURT OF JUDICATURE AT PATNA C.REF. No.1 of 2009 1. SRI MAHENDRA LAL S/O LATE HAZARI SAO, R/O SAIDPUR ROAD, P.S. KADAMKUAN, DISTRICT-PATNA-4. 2. MISS MINAKSHI KUMARI, MEMBER OF DISTRICT BAR ASSOCIATION, PATNA CIVIL COURT, PATNA, AS WELL AS ADVOCATES ASSOCIATION, 1ST FLOOR, PATNA HIGH COURT, PATNA. -PETITIONERS Versus 1. THE STATE OF BIHAR 2. HEAD COMPRISING CLERK, PATNA CIVIL COURT, PATNA. 3. REGISTRAR, PATNA CIVIL COURT, PATNA. -OPPOSITE PARTY 2 08.12.2009 Nobody appears on behalf of the petitioners. Learned counsel for the State submits that reference under Section 113 of the Code of Civil Procedure or under section 395 of the Code of Criminal Procedure can be made to the High Court only by a subordinate court whereas the petitioners, who have tried to make this reference, are private parties. In our view the reference is not maintainable. A perusal of the order of the Sessions Judge, Patna, discloses that on merits also the matter is without substance and frivolous. If the petitioners had appeared we would have liked to impose cost in the matter. However, since nobody 2 appears, this application is dismissed. (Shiva Kirti Singh, ACJ.) (Shyam Kishore Sharma, J.) AAhmad