IN THE HIGH COURT OF JUDIC ATURE AT PATNA Cr.Misc. No.7048 of 2009 BHUPENDRA NARAYAN SINHA Versus THE STATE OF BIHAR ----------- 5. 22.06.2009 Heard. The petitioner is an accused in a complaint as filed by the one Sahdeo Das for offences under Sections 448, 323, 379 and 385 of the Indian Penal Code, for which, the petitioner is also facing trial. It was during trial that the complaint did not appear for some dates before the trial court. Hence the petitioner filed a petition under Section 249 Cr.P.C. before the Court for dismissing the complaint due to absence of the complainant. It appears that the learned Magistrate did not dismiss the complaint under Section 249 Cr.P.C. It was rightly so done because provision under Section 249 provides for discharging the accused before framing of charge in a case when the offences are compoundable and non- cognizable and the complainant is absent before the Court but in the instant case the offence under Section 379 involving theft of property for Rs. 1040 and the offence under Section 385 were non-compoundable and cognizable. The petitioner has also made grievance that vide order dated 17.9.2008 the learned Magistrate closed the - 2 - evidence of complainant before charge and, thereafter, on the next date i.e. 24.9.2008 the petitioner field a petition under Section 245 of the Cr.P.C. praying for discharging him on the ground that there was no material against him to frame charges. It is pointed out that subsequently adjournments for 22.10.2008, 18.12.2009, 19.12.2008, and 3.01.2009 were allowed and in the meantime rejoinder by complainant’s lawyer to the petitioner’s petition under Section 249 Cr.P.C. was also filed but the trial court is not passing any order on the petition. The learned counsel for the petitioner submits that the trial court is delaying the matter and not disposing of the matter by passing the order on the petitioner’s petition under section 245 of the Cr.P.C. In the circumstances the trial court is directed to dispose of the petition under Section 245 of Cr.P.C. by passing order on hearing the parties within reasonable time preferably within six weeks from the receipt of this order. The application is disposed of with the above observation. (C.M. Prasad, J.) Ravi/-