IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2327 of 2005 1. DIWAKAR SINGH. 2. BINDESHWAR SINGH. BOTH SONS OF RAM ASHISH SINGH. 3. SHANTI DEVI, WIFE OF DIWAKAR SINGH. ALL RESIDENTS OF VILLAGE-DHARAMPUR, P.S. VAISHALI AND DISTRICT VAISHALI, AT PRESENT RESIDING AT FLAT NO.402, TAKCHAND BHAWAN, MANGO ROAD, P.S. MANGO AND DISTRICT-JAMSHEDPUR, JHARKHAND. ………………………………………………………..PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. JAG RAM, SON OF MAINA RAM, RESIDENT OF RAILWAY MUSAFIR KHANA, P.S. RAIL PARISAR, DISTRICT- MUZAFFARPUR. …………………………………………………OPPOSITE PARTIES. ----------- 7. 27.2.2009. No one appears for the petitioners in this application which is of the year 2005 when it is called out for hearing although Mr. Jharkhandi Upadhyay, the learned A.P.P. for the State is present in Court. The three F.I.R. named accused of Karja P.S. Case No.62 of 2000 have preferred this application for quashing of order dated 17.5.2004 passed by Sri Harendra Nath Tiwary, 9th Additional Sessions Judge, Muzaffarpur, whereby he has allowed Criminal Revision No.127 of 2002 preferred by the informant against the order dated 28.6.2002 passed by the learned Sub Divisional Judicial Magistrate (West), Muzaffarpur in the aforesaid P.S. Case whereby he had accepted the final form submitted by the police. It appears from perusal of the order sheet of this case that by order dated 20.1.2006 notice was directed to be issued to O.P. No.2 to - 2 - show cause as to why this application be not admitted/disposed of at the admission stage itself and further proceedings in the court below were directed to be stayed. By order dated 30.6.2006, 10 days’ peremptory time was granted to the petitioners to take steps for fresh service of notice on O.P. No.2 by ordinary process. On the non compliance of the said order the application, so far as O.P. No.2 is concerned, stood dismissed and by order dated 15.5.2007 the petitioners were directed to file appropriate restoration application within one week. That order not having been carried out, order dated 8.8.2008 was recorded to the effect that the dismissal order against O.P. No.2 would remain and the application would continue only against O.P. No.1, the State of Bihar. The dismissal of this application against O.P. No.2 who happens to be the informant of Karja P.S. Case No.63 of 2000, so far as the setting aside the acceptance of final form by the learned Magistrate is concerned, has become final and no gainful purpose would be served by keeping this case pending any further. In that view of the matter, this application is dismissed for non prosecution. P.S. (Abhijit Sinha,J)