IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45332 of 2007 AJAY KUMAR YADAV, son of Late Phulena Yadav, resident of village- Dahabari, P. S. – Andar, District- Siwan … Petitioner. Versus 1. STATE OF BIHAR 2. Kumbhakalia Devi, wife of Late Darbari Yadav, resident of village- Mahmmadpur, P. S. Andar, District- Siwan. … Opposite parties. ----------- 5. 04.02.2010 Having perused the office notes and heard counsel for the petitioner, this much is obvious that the prosecution sought to be quashed in a complaint case cannot proceed in absence of complainant. As the case has stood dismissed against the complainant in view of non-compliance of the order of this court dated 6.8.2009, this application has become infructuous and is dismissed accordingly. Consequently, the stay order passed earlier is also vacated. The trial court is directed to proceed in the matter. kanchan (Mihir Kumar Jha, J.)