IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16162 of 2009 1.VIJAY KUMAR MISHRA, Son of Late Laxman Mishra 2.DEEPAK KUMAR @ DEEPAK MISHRA, Son of Vijay Kumar Mishra Both Resident of Mohalla Kanhauli Vishundutt, P.S. Mithanpura, District Muzaffarpur. ........Petitioners Versus THE STATE OF BIHAR .........Opposite Party ----------- 02/- 15-11-2010 Heard learned counsel for the petitioners and Additional Public Prosecutor for the State. This is an application under Section 482 of the Code of Criminal Procedure seeking quashing of order dated 07.06.2008 passed by Sri J.K. Sinha, Judicial Magistrate, 1st Class, Muzaffarpur in Complaint Case No. C1414 of 2007 taking cognizance for the offence under Sections 323 and 379 of the Indian Penal Code. During course of argument, it is pointed out that complainant has already expired on 23.12.2007, but without any order of substitution or deletion by his heirs and even intimating the court about the death of the complainant, witnesses are being examined before cognizance. Petitioners are directed to raise all such points before the court below at appropriate stage preferably at the time of hearing on the point of charge. With the above liberty this application stands disposed of. Praveen ( Akhilesh Chandra, J.)