IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33450 of 1999 1.SURYA NARAYAN RAI @ SURAJ SINGH 2.Aditya Narain Ray @ Aditya Singh Both sons of Shri Ramayan Singh C/o Surajaditya Hire Purchase (Pvt.) Ltd., Gol Bagicha, P.S.-Kotwali, Dist.-Gaya. …… ……Petitioners Versus STATE OF BIHAR ……. …..Opp.Party ----------- 5. 19.5.2010. 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, Shri Shailesh Kumar Singh, learned counsel appearing on behalf of opposite party no.2 was present. However, as a last indulgence, the case was adjourned yesterday for a day. It was noticed by this court that, while admitting, by order dated 18.2.2000, this court had directed that pending disposal of this application, further proceeding in Complaint Case No.520 of 1999/Trial No.1028 of 1999 pending before Judicial Magistrate, 1st Class, Aurangabad shall remain stayed and order of stay is still continuing. 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 of the case. Today, again when the case was called out, none has come forward on behalf of the petitioners either to press this petition or to make a prayer for adjournment. However, due to non-prosecution, the petition is dismissed. In view of rejection of this petition, interim order of stay dated 18.2.2000 stands automatically vacated. Let a copy of this order be sent to the court below forthwith. Md.S. (Rakesh Kumar,J.)