IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26139 of 1999 ANIL KUMAR @ ANIL SINGH S/O LATE SHEO NANDAN SINGH R/O VILLAGE AND P.S.SAISTAPUR, DIST-PATNA Versus 1. STATE OF BIHAR 2. RAM BRIKSHA RAI S/O CHALITRA RAI 3. SHANKAR RAI S/O SRI RAI, BOTH R/O MOHALLA TOLA PAR BARAHIYA, P.S.ATHMAL GOLA, DISTT-PATNA 4. BIJENDRA RAI S/O LATE SHEO NANDAN RAI 5. RAMJIT RAI S/O SHEO NANDAN RAI 6. RAM REKHA RAI S/O LATE SHEO NANDAN RAI 7. TANUJ RAI S/O LATE SHEO NANDAN RAI 8. RAM SINGH RAI S/O LATE SHEO NANDAN RAI, O.P.4 TO 8 ARE RESIDENTS OF VILLAGE-MISSI, P.S.BAKHTIARPUR, DIST- PATNA…………OPP. PARTIES. ----------- 03. 06-05-2010 Nobody appears on behalf of the petitioner. Learned counsel for the State is present. In spite of notice the opposite parties who are accused in a complaint case have not appeared. By the impugned order learned Judicial Magistrate, 1st Class, Barh rejected the prayer of the complainant-petitioner made in Complaint Case No. 380(C)/1996 for adding Section 395 as one of the offences and to commit the case to the court of sessions. On account of challenge to the impugned order dated 16.7.1999 the complaint case has remained stayed for more than 10 years. Since nobody has appeared on behalf of the petitioner/complainant it will not be proper to decide any of the issues of fact or law. However, it is apparent from the facts noticed above that it is not in the interest of justice to keep this application under Section 482 of the Cr.P.C. pending because delay would only help the accused persons and hence this application is dismissed. - 2 - Interim order shall stand vacated. The learned Magistrate should proceed with the complaint case expeditiously and in accordance with law. perwez (Shiva Kirti Singh,J.)