IN THE HIGH COURT OF JUDICATURE AT PATNA SLA No.62 of 2009 MD. MONAF S/O SHEIKH HAMID, R/O VILLAGE- SULTANPUR, P.S.- AMARPUR, DISTRICT- BANKA Versus 1. STATE OF BIHAR 2. SHEIKH MOEIN, S/O SHJEIKH HAMID 3. SURESH HARIJAN S/O PURAN HARIJAN 4. PRAKASH MISTRY S/O MANRAJ MISTRY 5. JAGDISH HARIJAN S/O GULTAN HARIJAN ALL RESIDENT OF VILALGE- SULTANPUR, P.S.-AMARPUR,DISTRICT- BANKA ----------- 3 02/07/2009 This application for grant of special leave to appeal has been filed against the judgment dated 21.1.2009 passed by the learned Judicial Magistrate Ist Class, Banka in Complaint Case No. 11 of 1986 whereby the opposite party nos. 2 to 5 have been discharged from the charges under sections 147 and 379 of the Indian Penal Code. After having heard the learned counsel for the petitioner and on perusal of the records it appears that the witnesses have not appeared after charge for their examination and also that the complainant was not taking any steps. Accordingly, order of acquitting the accused persons is correct. This application has no merit. It is accordingly, dismissed. avin (Shyam Kishore Sharma, J.)