IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.539 of 1998 1. Vivekanand Kumar @ Basant Kumar 2. Sarojanand Kumar 3. Yasodanand Kumar, All sons of Sri Ramanand Kumar, Senior Advocate, residents of Mohalla- Boring Canal Road, P.s.-Bidha Colony, District- Patna. . . . . . . Petitioners. Versus 1. THE STATE OF BIHAR 2. The D.G. Police, Bihar, Old Secretariat, Patna. 3. Raj Kumar Yadav, D.S.P., Kotwali, police station, District- Patna. 4. Sudama Roy, Investigating officer, S.I. Police Budha Colony, Patna. 5. Lal Bahadur Ram, S.I. Police, Budha Colony, District Patna 6. Manoj Kumar Yadav, son of Sri Bal Bachan Yadav, C/o Smt. Sumitra Yadav, resident of Mohalla- Shivpuri, P.S.- Shastrinagar, District- Patna. . . . Respondents. For the Petitioners : Mr J.P. Shukla, Sr. Advocate Mr. R.K. Shukla, Advocate For the State : Mr. R.B. Mahto, AAG-8 ----------- 11/ 28.10.2010 Heard learned counsel for the petitioners and the State. No one appears for the informant/respondent no.6 despite service of notice. Initially there were four petitioners in this case but during pendency of this application, Ramanand Kumar, petitioner no.1 died and his name has been deleted. Petitioner nos. 2, 3 and 4, in the original writ application, are all sons of late Ramanand Kumar (petitioner no.1), who has died. The petitioner nos. 2, 3 and 4 are now renumbered as petitioner nos. 1, 2 and 3. In the instant writ application, the petitioners have prayed for quashing the criminal prosecution of Budha Colony P.S. case no. 145 of 1998 dated 05.09.1998 under Sections 147, 148, 448, 307 and 323 of the Indian Penal Code, instituted upon the report of 2 respondent no.6. The respondent no. 6 stated in the complaint that when he was passing by the side of stairs of the petitioners, all accused assaulted him. This court by order dated 11.09.1998 issued notice to the informant (respondent no.6) and further observed that until further orders, no coercive step shall be taken against the petitioners. Respondent nos. 1 to 5, the official respondents, were represented by State Counsel. On 07.01.1999 the case was admitted for hearing and further proceeding was stayed. The case was taken up on various dates but still no one appeared on behalf of the respondent no.6 (informant). Pursuant to the order of this Court, learned AAG-8, who now appears on behalf of the State, has produced copy of the case diary. Learned counsel for the State submits that after completing investigation, the police has submitted final report on 31.01.2003 under Section 323/34 of the Indian Penal Code, which is non-cognizable. As the offences are non-cognizable, the learned Magistrate cannot proceed in the matter itself and as such this application has become infructuous. It appears that the case was instituted in the year 1998 and final report has been submitted under Section 323/34 of the Indian Penal Code in 2003. Thus, the continuance of the prosecution case in which final report has been submitted by police under Sections 323/34 would be an abuse of process of Court, as such the entire 3 criminal prosecution arising out of Budha Colony P.S. case no. 145 of 1998 is quashed. This application stands allowed. Uday/ (Samarendra Pratap Singh, J.)