IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.56362 of 2007 1. Rabindra Singh, 2. Devendra Singh, both sons of Late Banshi Singh, 3. Ash Narayan Singh @ Bhooltoon Singh @ Multun Singh, son of Deep Narayan Singh, all of Rampur Gopal, PS Chakia, district East Champaran – petitioners. Vs. The State of Bihar. For the petitioners : Mr. Sudhir Singh and Mr. Raghwanand, Advocates. For the State : Dr. Mayanand Jha, A. P. P. 2 6.4.2010 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. This application has been filed for quashing the order, dated 30.10.2007 passed by the Sessions Judge, Motihari in Cr.Rev. No. 426/2007. The petitioners further pray for quashing the entire proceeding against them in Chakia PS Case No. 39/2007. Counsel for the petitioners has limited his prayer inasmuch as he is aggrieved by the inaction of the Chief Judicial Magistrate, Motihari who has not disposed of the protest cum complaint petition filed in Chakia PS Case No. 39/2007. The protest petition was filed on 28.2.2007. Apparently the petitioner was the informant in the case and he had arrayed six accused persons. It appears that during investigation the Investigating Officer has come to the conclusion that it was the petitioners who were responsible for committing the crime and as such submitted charge sheet against the petitioners. Now that the petitioners have been made accused, petitioner no.3 cannot really be called the informant of the case. Since the State is prosecutor in all cases, it would be deemed that the State is 2 prosecuting the case. A peculiar situation has arisen as no action has been taken on behalf of any one to file a separate case. Now the petitioner has filed a protest petition as far as on 28.2.2007 and has also filed a petition to press the application on the same day, i.e. 28.2.2007. The matter is pending before the court below. In the circumstances it will be proper that the court below will pass an appropriate order with respect to the protest petition filed by the petitioners. This application is disposed of with the aforesaid observation. haque (Sheema Ali Khan, J.)