IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2735 of 2005 RAGHAV PRASAD, SON OF LATE ADALAT PRASAD, VILLAGE AND P.O. ITWA, P.S. PACHRUKHEE, DISTRICT-SIWAN, AT PRESENT RESIDING AT ANAND NIWAS, GOSHALA ROAD, SADAQUAT ASHRAM, PATNA-800010……………….PETITIONER. Versus THE STATE OF BIHAR………………………..OPPOSITE PARTY. ----------- 14. 27.2.2009. The petitioner, in person, is absent when the case is called out although Dr. Mayanand Jha, A.P.P. is present. The petitioner, Raghav Prasad, a Member of the Bihar Vidhan Sabha, who is the sole F.I.R. named accused in Dariyapur P.S. Case No.7 of 1976, G.R. 1561 of 1976, through this application, in person, has prayed for the quashing of the F.I.R. as also the subsequent proceeding arising therefrom. From perusal of the order sheet of this case, it appears that a report was called for from the District and Sessions Judge, Saran at Chapra, regarding the present status of the case and on receipt of such report by order dated 5.5.2008 the petitioner was directed to remain present in court on each and every date fixed by the learned trial court and the trial was directed to be concluded expeditiously on day-to-day basis. Kept at flag ‘G’ is a report dated 27.6.2008 submitted by Sri Vidya Sagar Pandey, Judicial Magistrate, First Class, Saran at Chapra, whereby he has sought to inform this Court that by judgment dated 26.6.2008, accused Raghav Prasad, the petitioner herein, charged under Section 409 I.P.C. had been acquitted from the charges in absence of - 2 - prosecution evidence. Since the petitioner, in person, has already been acquitted in the trial, this application has become infructuous and the same is accordingly dismissed. P.S. (Abhijit Sinha,J)