IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.279 of 2008 1. RAM NATH PRASAD, SON OF LATE SHEO NANDAN PRASAD. 2. MANBODH PRASAD, SON OF LATE KAILASH PRASAD. 3. YOGENDRA PRASAD, SON OF CHHATHU PRASAD. ALL ARE RESIDENT OF VILLAGE GONAULI TOLA- DHARAMPUR, POLICE STATION BETTIAH MUFFASIL, DISTRICT-WEST CHAMPARAN. …………………………………………………………PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. BISHUN PRASAD, SON OF LATE BHULAN PRASAD, RESIDENT OF VILLAGE GONAULI TOLA DHARAMPUR, POLICE STATION BETTIAH MUFFASIL, DISTRICT-WEST CHAMPARAN. …………………………………………………OPPOSITE PARTIES. ----------- For the Petitioners : Mr. Lallan Kumar Verma, Advocate. For the State : Mr. Jharkhandi Upadhyay, A.P.P. For O.P. No.2 : Mr. R.J. Maharaj, Advocate. ---------- 2. 11.11.2008. Heard learned counsel for the petitioners and the learned A.P.P. for the State. The grievance of the petitioners is that they were not heard at the inquiry which preceded the order initiating proceeding under Section 133 Cr.P.C. It appears that the petitioners were issued notice to show cause to which they did not care to comply with. That apart there is no provision in the whole of Section 133 Cr.P.C. for giving them hearing before passing of a conditional order under sub Section (1) thereof. In that view of the matter there is no merit in this application which is frivolous and is accordingly dismissed with cost which is quantified at Rs.1000/- payable to O.P. No.2 P.S. (Abhijit Sinha,J)