IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.55234 of 2007 BHUSO MANDAL @ MARAR, son of Gaja Mandal alias Gajadhar Mandal, resident of Basleta, P.S. – Bounshi, District – Bhagalpur. ------------- Petitioner. Versus STATE OF BIHAR --------- Opp. Party. ----------- 2 31.03.2010 Heard learned counsel for the petitioner and the State. This is an application under Section 482 Criminal Procedure Code seeking quashing of the order dated 03.03.1989, taking cognizance by learned Additional Chief Judicial Magistrate, Banka (now Chief Judicial Magistrate, Banka) in complaint case no. C-3- 21/89, for the offences under section 33 of the Forest Act. During the course of argument he submitted that cognizance was taken against this petitioner and three other for the offences under Section 33 of the Forest Act. Out of whom two persons confessed their guilt and the case with respect to them have already been disposed of. Another one has died, who was full brother of the petitioner. It is submitted that no notice was ever served upon the petitioner and directly the petitioner was 2 declared absconder. Taking into consideration that the case is too old and it will serve no purpose if lower court records is called only to examine whether notices were properly served upon the petitioner or not. But in order to expedite the disposal of this 21 year old case, this application may be disposed of with a liberty to the applicant that the petitioner appearing on before the court below within a month from the date of receipt of the order, his appearance would be treated as a case of first appearance and accordingly, he may be released on the terms and conditions to the satisfaction of the court below including a condition of appearance of the petitioner on each and every date fixed before the court below and if on two consecutive dates he failed to appear, the privilege granted may be deemed to be cancelled. With this observation and liberty, this application stands disposed of. Rajeev/ (Akhilesh Chandra, J.)