IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.890 of 2008 BISHWANATH MAHTO & ANR Versus THE STATE OF BIHAR & ORS ----------- 4/ 15/09/2009 Heard learned counsel for the petitioners and learned counsel for the State. The Court is satisfied that in stead of issuing notice to private respondents-6 and 7 of E.C. Act in view of the subsequent developments brought on record in the counter of the official respondents, this matter can be disposed of giving appropriate directions to the court below. Manjhagarh P.S. Case No.128/98 came to be lodged by the Choukidar with regard to the abandoned body of a young girl aged 30 to 32 years lying nude. The daughter-in-law of the petitioners, respondent No.7, had gone missing. The petitioner contends that he did inform the authorities that she had gone away of her own volition. The abandoned dead body recovered was identified as that of the daughter-in-law, respondent No.7, as identified by her brother, respondent No.6. The F.I.R. having been registered under Sections-302 and 201 of I.P.C. charge-sheet came to be submitted, cognizance taken and commitment done. 2 The counter affidavit by the S.D.P.O., Hathua states that the police proceeded in the matter on the identification of the body done by respondent No.6 as the brother of the alleged deceased. Its actions were, therefore, bona fide. However, subsequently a lady was arrested by the Siwan Musffasil police and handed over to the Manjhagarh police when now it was revealed that she was Lal Muni Devi, respondent No.7, wife of Vikram Mahto, son of the petitioners. She was produced before the judicial magistrate on 13.3.2008 and her statement recorded under Section-164 Cr.P.C. Further investigation was then done by the police under Section-173(8) Cr.P.C. and the report submitted for initiation of proceedings under Sections-182 and 211 of I.P.C. inter alia against respondent no.6. Learned counsel for the petitioner rightly submits that the very substratum of the F.I.R. registered as Manjhagarh P.S. Case No.128/98 has gone missing and there is no justification to subject them to the vagaries of Sessions Trial No.173/03. Once the alleged victim is found to be alive, the entire allegation vanishes and becomes non est. This Court could easily have quashed the entire prosecution and criminal proceedings against the petitioners. 3 However, Principles of Natural Justice are equally applicable to court proceedings and it shall not be very appropriate to pass any final orders without notice to respondents-6 and 7. The writ application is disposed with directions to the court of the learned Addl. Sessions Judge, Fast Track Court No.4, Gopalganj where Sessions Trial No.173/03 is pending to now dispose of the case within a maximum period of one month from the date of receipt/production of a copy of this order before him. The application stands disposed with directions. KC ( Navin Sinha, J.)