IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.32409 OF 2006 1. MRS.NASEEMA KHATOON, WIDOW OF LATE DR. MD. ZAKIUDDIN 2. SYED BADRE MONIR, SON OF LATE DR. MD. ZAKIUDDIN, BOTH RESIDENT OF B-39, ZAKIR NAGAR, PEOPLE’S CO-OPERATIVE COLONY, POLICE STATION KANKARBAGH, POST OFFICE PATRAKAR NAGAR, DISTRICT PATNA …………………………………………………….……………..PETITIONERS VERSUS 1. THE STATE OF BIHAR ………………………………..OPPOSITE PARTY ******** FOR THE PETITIONERS :- MR. RAGHIB HASSAN, SR. ADV. MR. ABDUL AZIZ, ADVOCATE FOR THE S T A T E :- MS. SHAHEEN BEGUM, A.P.P. ************ 4 19/04/2011 Heard Counsel for the petitioners and the A.P.P. representing the State. The petitioners are aggrieved by the order taking cognizance had moved this Court for quashing of the order taking cognizance vide Criminal Misc. No. 10622 of 2006, which was disposed of by order dated 01.12.2006 remanding the matter back to the Sub Divisional Judicial Magistrate for reconsideration. Apparently, no order has been passed after the case has been remanded back to the Court below. In the mean time, the petitioners had filed application before the Court below for grant of exemption under Section 205 of the Code of Criminal Procedure, which was rejected by the impugned order. Since, cognizance has not been taken in this case, there is no question of issuance of summons at this stage or for grant of exemption. 2 This application has become infructuous and as such, it is dismissed. Anand ( Sheema Ali Khan, J.)