IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27430 of 2006 1. SANJAY KUMAR 2. Ajay Kumar 3. Dilip Kumar All are sons of Late Rajendra Prasad 4. Rita Devi, wife of Dilip Kumar 5. Reena Kumari, daughter of Late Rajendra Prasad 6. Urmila Devi, widow of Late Rajendra Prasad All are resident of Mohalla Murarpur, J.D. Road, Police Station – Kotwali, District – Gaya. 7. Pradeep Kumar, son of Sri Raghu Prasad Resident of Mohalla – Tekari Road, Near Bata more, Police Station – Kotwali, District – Gaya. -------- Petitioners. Versus 1. THE STATE OF BIHAR 2. Shiv Nandan Prasad, son of Late Bhagirath Prasad, resident of Mohalla Purani Godown, Gaya, P.S. – Kotwali, District – Gaya. -------- Opposite Parties. ***** For the petitioner : None For the State : Smt. Pushpa Sinha, No.2 APP ***** 11. 02.11.2010 On repeated calls non appeared on behalf of learned counsel for the petitioners, similar position is continued for last few days. learned Additional Public Prosecutor pointed out that this is an application under section 482 of the Code of Criminal Procedure seeking quashing of order dated 29.11.2005 taking cognizance for the offences under Section 147, 323, 380 and 427of the Indian Penal Code in complaint case no. 1279/2005 by Sri R.R. Tiwary, Judicial Magistrate, 1st Class Gaya, against all the 7 petitioners, furthr - 2 - proceedings of the court below appeared stayed by order dated 20.04.2009 i.e. almost four years after passing of the impugned order and three years after filing of the complaint. Perhaps, this is the reason. Considering the facts and circumstances of the case, this application stands dismissed for non-prosecution after vacating the order of stay. Let this order be communicated to the court below who shall proceed expeditiously and preferably conclude the trial at the earliest and if hearing on the point of charge is yet pending shall provide opportunity to the petitioners for hearing and placing there all points and court below shall also pass appropriate order in the matter without being prejudiced of instant dismissal of the case. Rajeev/ (Akhilesh Chandra, J.)