Criminal Miscellaneous No.32769 OF 1999 ---- In the matter of an application under Section 482 of the Code of Criminal Procedure, 1973. ---- 1. DWARIKA PRASAD VERMA SON OF LATE SARJUG SETH 2. RADHIKA DEVI WIFE OF DWARIKA PD. VERMA 3. BABI @ SANDHIYA KUMARI D/O DWARIKA PD. VERMA ALL RESIDENT OF VILLAGE NAWANAGAR, P.S. NAWANAGAR, DIST. BUXAR. ... ... PETITIONERS. Versus 1. THE STATE OF BIHAR 2. SANDHIYA DEVI W/O PRAMOD KUMAR VERMA, RESIDENT OF VILLAGE NAWANAGAR, P.S. NAWANAGAR, DIST. BUXAR, AT PRESENT RESIDING AT BRAHMPUR, P.S. BRAHMPUR, DIST. BUXAR. ... ... OPPOSITE PARTIES. ---- For the Petitioners : None For the State : Shri Lala Kailash Behari Prasad, Senior Advocate Additional Public Prosecutor ---- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR ---- Rakesh Kumar,J. Yesterday, when the case was called out, none 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. It was noticed in order dated 19.5.2010 that in this case, order of stay of the proceeding against the petitioners in Buxar Town P.S. Case No.9 of 1999 is continuing since 13.3.2000. 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 - 2. Today again, when the case was called out, none has come forward to press this petition. 3. However, Shri Lala Kailash Behari Prasad, learned Senior Counsel appearing on behalf of the State is present. He, after examining the materials available on record, submits that while differing with the police report, the learned Magistrate had examined the entire materials and thereafter, the learned Magistrate has rightly passed the impugned order. Accordingly, he has prayed to reject the present petition. 4. There is no defect in order dated 20.8.1999. Accordingly, I do not find any merit in this petition and petition stands rejected. 5. In view of rejection of this petition, interim order of stay dated 13.3.2000 stands automatically vacated. 6. Let a copy of this order be sent to the court below forthwith. ( Rakesh Kumar,J.) PATNA HIGH COURT Dated 20.5.2010 N.A.F.R./N.H.