IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.710 OF 2007 GURUDUTT PRASAD GUPTA, SON OF DR. VIJAY PRASAD GUPTA, RESIDENT OF MOHALLA STATION ROAD, KHUSRUPUR, POLICE STATION KHUSRUPUR, DISTRICT PATNA VERSUS 1. THE STATE OF BIHAR 2. SURESH PRASAD GUPTA, SON OF RAM PRASAD GUPTA, RESIDENT OF MOHALLA CHAK HUSSAIN, POLICE STATION KHUSRUPUR, DISTRICT PATNA ……………………………………………………………………….OPPOSITE PARTIES ********* 5 22/03/2010 This application has been filed against the order dated 15.02.2006 by which the Judicial Magistrate, 1st Class, Patna City has taken cognizance for the offences under Sections 406, 420, 468/34 of the Indian Penal Code in Complaint Case No. 375 of 2005. Earlier, this application was dismissed for non- prosecution on 11.07.2007. Thereafter, it was restored vide order dated 01.08.2007 passed in Criminal Misc. No. 34028 of 2007. On 27.03.2009, when the matter was called out, Counsel for the petitioner took a month’s time. Again, it has come up for admission and nobody is appearing on behalf of the petitioner. The matter is very old relating to an order passed in the year 2006. I do not think it proper to interfere with the order taking cognizance at this stage. However, the petitioner may raise any issue he wishes to, at the time of framing of the charges. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J.)