IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12394 of 2007 RAM BAHADUR MAHTO SON OF LATE LALTUN MAHTO,RESIDENT OF VILLAGE LAXMANPUR (GHAGIA), P.S. BAHERA, DISTRICT DARBHANGA. ... ... PETITIONER. Versus 1. THE STATE OF BIHAR 2. PARMILA DEVI WIFE OF VIRENDRA SHAPHI, RESIDENT OF VILLAGE LAXMANPUR (GHAGIA), P.S. BAHERA, DISTRICT DARBHANGA. ... ... OPPOSITE PARTIES. ----------- 3. 8.11.2010. On call, none appeared on behalf of the petitioner either to press this petition or to make a prayer for adjournment. However, Mr. Ansarul Haque, learned Additional Public Prosecutor appearing on behalf of the State is present. The present petition was filed against the order dated 7.9.2006 passed by Additional Chief Judicial Magistrate, Benipur in Samastipur P.S. Case No.126 of 2003. By the said order, after submission of charge sheet, the learned Magistrate examined the police report including case diary and thereafter, by the impugned order i.e. order dated 7.9.2006, had taken cognizance of offence under Sections 341, 323, 379, 354, 504/34 of the Indian Penal Code and Section 3(x)(xi) of the Scheduled Caste and Scheduled 2 Tribe (Prevention of Atrocities) Act. After the order of cognizance dated 7.9.2009, the present petition was filed on 17.3.2007. Subsequently, on 9.7.2007, the petition was rejected due to non prosecution. Despite the fact that petition was rejected due to non prosecution on 9.7.2007, the petitioner filed a petition for restoration on 13.10.2009, which was restored on 20.8.2010. Even though the case was restored and matter has been listed for hearing under the heading for admission, none has appeared on behalf of the petitioner to press the present petition. It appears that present petition has been filed only with a view to delay the criminal trial on the basis of order of cognizance, which was passed on 7.9.2006. I have perused the impugned order as well as materials available on record. After going through the impugned order, the court is satisfied that the learned Magistrate has rightly passed the impugned order. There is no merit in the present petition. Accordingly, the petition stands rejected. Keeping in view the fact that the 3 N.H./ matter has remained pending before this Court for long time, it is desirable to direct the court below to proceed with the case expeditiously so that the case may come to its logical end without any further delay. Let a copy of this order be sent to the court below forthwith. ( Rakesh Kumar,J.)