IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.10296 of 2008 MUKESH KUMAR MANDAL @ MUKESH KUMAR, S/O SRI KAMESHWAR MANDAL, R/V CHIKNI, P.S. BARARI, DISTRICT KATIHAR, AT PRESENT VILLAGE DHOLA AJAD COLONY MIRCHAI BARI KATIHAR, P.S. MIRCHAI BARI KATIHAR, DISTRICT KATIHAR .. PETITIONER Versus 1. THE STATE OF BIHAR 2. PRAMILA DEVI, W/O MUKESH KR. MANDAL, D/O SATAYANARAYAN SINGH, R/V KEBALA, P.S. MANIHARI, DISTRICT KATIHAR .. OPPOSITE PARTIES **** /2/ 19.05.2010 Heard the counsel for the parties. 2. This application is for quashing the entire proceeding in view of the fact that the Sub Divisional Judicial Magistrate, Katihar, by order, dated 03.06.2006, given an opportunity to the complainant to adduce evidence on payment of costs of rupees five hundred to accused as earlier the case was closed by order, dated 23.11.2005, for evidence before charge. However, even after the opportunity being given to adduce evidence on payment of costs of rupees five hundred within three months, the complainant neither paid the costs nor produced the witness, but, the learned Court below still went on adjourning the case even after three months giving opportunity to the complainant and case is still pending for evidence before charge. 2 3. However, the learned counsel for the petitioner, without raising the issue in the lower Court, has raised the issue in the petition under Section 482 of the Criminal Procedure Code for quashing the entire proceeding. It is the domain of the Magistrate to close the case if the complainant is not produced the evidence and if the costs of rupees five hundred not paid and it is the domain of the Magistrate either to extend the period or to close the case. However, three months’ time was reasonably given and if the complainant is not producing the evidence, the Magistrate may have closed the case in accordance with law. 4. Having regard to the fact, the petitioner is directed to raise the issue in the lower Court and the Magistrate shall proceed and pass the order in accordance with law. 5. With these observations and directions, this application is disposed off. S.A. ( Gopal Prasad, J. )