IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15095 of 2009 1. NAGENDRA MISHRA S/O LATE RAJ NARAYAN MISHRA 2. BRAJ BHUSHAN MISHRA @ BHUSHAN MISHRA, 3. PRAMOD MISHRA, (2) to (3) ARE SONS OF LATE LASMI MISHRA, 4. MANOJ MISHRA, S/O SHAMBHU MISHRA ALL R/O VILLAGE DHANAW, P.O. DHANAW, P.S. BANIAPUR, DISTRICT-SARAN (CHAPRA), PRESENT ADDRESS- R/O SADAQUAT ASHRAM,P.S. PATLIPUTRA, DISTRICT-PATNA. --PETITIONERS Versus 1. THE STATE OF BIHAR 2. TRILOKI MISHRA, S/O JASDEO MISHRA, R/O VILLAGE DHANAW, P.O. DHANAW, VIA + P.S. BANIAPUR, DISTRICT-SARAN. --OPP.PARTY 2 29.10.2010 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. None appeared on behalf of opposite party no.2 inspite of service of notice. This is an application under Section 482 of the Code of Criminal Procedure for quashing the order dated 20.02.2009 passed by learned Subdivisional Magistrate, Sadar, Chapra, in Case no. M-109 of 2009 initiating a proceeding under Section 107 of the Code of Criminal Procedure. By lapse of about two years the impugned order 2 has already become infructuous and no purpose is going to be served. Accordingly, this application stand disposed of with a liberty to the court below to initiate a fresh proceeding under Section 107 of the Code of Criminal Procedure in accordance with law, if situation so arises. (Akhilesh Chandra, J.) AAhmad/