IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.55323 of 2007 1. SHYAM SUNDAR YADAV @ SHYAM BABU RAI, son of Late Khakhu Yadav alias Khakhu Pahalwan. 2. Shyam Sundar Devi, W/o – Shyam Babu Rai alias Shyam Sundar Yadav. Both residents of village – Mohalla – Padari Ki Haveli, P.S. – Khajekalan, District – Patna. --------------------- Petitioners Versus 1. STATE OF BIHAR 2. Rita Devi, W/o – Rajesh Kumar alias Shambhu, S/o – Sri Ram Ekbal Rai, resident of Nawada, P.S. – Phulwarisharif, District – Patna. ------------------- Opposite parties. ------- 3 16.04.2010 Heard learned counsel for the petitioners and State. This is an application under Section 482 of the Criminal Procedure Code seeking quashing of the order dated 16.08.2007 passed by learned S.D.J.M. Patna in complaint case no. 1346(C )/ 2003, rejecting the prayer made by the applicants under Section 245(1) of the Code of Criminal Procedure seeking their discharge. It is submitted that applicants were not heard but from Annexure – 3 with the application i.e. copy of order sheet dated 14.06.2007 passed in the same case appears that the court below after hearing the complainant on the petition posted for orders on 28.06.2007, meanwhile, the applicants accused persons were given liberty to make their submissions if any, in view of their petition seeking time. But some how or the other orders could not be passed on the date fixed it was passed on 16.08.2007, roughly one and - 2 - half months after the date fixed and if during such period the applicants failed to make any submission before the court below and availed the liberty, they have to thank themselves. I find no merit in this application, it is hereby dismissed. Accordingly, the court below is directed to proceed expeditiously with the case. Rajeev/ (Akhilesh Chandra, J.) ----