IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38053 of 2008 Kapileshwar Yadav, son of Late Bhola Yadav, Resident of village- Kabiyahi, P.S. Singheshwar (Shankarpur), District- Madhepura. Versus 1. The State Of Bihar. 2. Tej Narayan Yadav son of Late Banni Yadav. 3. Tribhuwan Yadav son of Braj Narayan. 4. Lalan Yadav son of Tej Narayan Yadav. 5. Surya Narayan Yadav, son of Late Banni Yadav. 6. Hari Narayan Yadav son of Late Banni Lal Yadav. 7. Pawan Kumar Yadav son of Late Ram Narayan Yadav. 8. Jai Narayan son of Late Banni Lal Yadav. 9. Sanjay Yadav @ Guddi son of Jai Narayan Yadav. 10. Shiv Raj Yadav son of Jalo Yadav. 11. Bindeshwari Yadav son of Sumrit Yadav. 12. Kishor Yadav son of Late Ram Narayan Yadav. All resident of village- Kabiyahi, P.S. Shankarpur, District- Madhepura. For the Petitioner : Mr. Shekhar Kr. Singh, advocate. For the State : Mr. Ansarul Haque, A.P.P. ----------- 02 19.07.2011 This application has been filed on behalf of the informant against the order dated 24.12.2004, claiming that his application has wrongly been dismissed. The petitioner had absented himself, after filing the protest petition, and now wants to revive the matter. The petitioner after four years has moved this Court challenging the order dated 24.12.2004. In fact, had the petitioner been vigilant, he could have immediately moved the Sessions Court or this Court for setting aside the order dated 24.12.2004. It may be noted and emphasized that the occurrence is of the year 1998. The police had submitted a final report, finding the case not true as far as Opposite Parties No. 2 to 12 are concerned. After submission of final form notice was sent to the petitioner. Despite notice, the petitioner did not appear. 2 Considering all these aspect of the matter, I am not inclined to intervene with the order dated 24.12.2004. This application is dismissed. Md. Ibrarul ( Sheema Ali Khan,J.)