IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32563 of 1999 1. JYOTISH CHANDRA KARMAKAR , Son of Bihari Karmakar 2. Bharti Karmakar, wife of Jyotish Karmakar Both residents of Kharsauta, P.S. Ajamnagar, District- Katihar, presently residing at Agriculture Produce Market Committee, Katihar ----------- Petitioners Versus 1. THE STATE OF BIHAR 2. Ranjan Kumar, Son of Ramkinkar Puri, resident of Manikpur, P.S. & District-Gopalganj ------------ Opp.Parties. ----------- For the petitioners: None For the State : Mr. B.P.Singh, A.P.P. For Opp.Party No.2: Mr. Sanjay Kr.Giri, Advocate. ------------ 04 18-05-2010 On 14.5.2010 when the case was called out, none had appeared on behalf of the petitioners either to press this petition or to make a prayer for adjournment. However, as a last indulgence the case was adjourned for a day. While adjourning the case, it was indicated that in this case, interim order of stay is continuing since 8.3.2000. It was further made clear that if on the next date no one appears on behalf of the petitioners, the case shall be decided on the basis of materials available on record even in absence of learned counsel for the petitioners. 2. Today again, when the case was called out, none has come forward to press this petition. However, Sri Sanjay Kumar Giri, learned counsel appearing on behalf of Opp.Party no.2 is present and he submits that the order of cognizance was passed after conducting thorough enquiry and 2 the learned Magistrate after being satisfied with the materials available on record has passed the order of cognizance and there is no infirmity or illegality in the order of cognizance. However, since none has come forward to press this petition, the petition stands rejected on the ground of none prosecution. Accordingly , the petition is dismissed for non- prosecution In view of rejection of the present petition, the interim order of stay dated 8.3.2000 stands automatically vacated. Let a copy of this order be sent to the court below forthwith. NKS/- ( Rakesh Kumar, J )