IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42008 of 2005 1. ANNAPURNA DEVI, WIFE OF LATE BATESHWAR OJHA, RESIDENT OF VILLAGE-SATHO, POLICE STATION- ISHIPUR, BARAHAT, DISTRICT-BHAGALPUR. 2. REENA DEVI, WIFE OF KAUSHAL DUBEY, RESIDENT OF VILLAGE-BHAWANIPUR, POLICE STATION-KAHALGAON, DISTRICT-BHAGALPUR. …………………………………………………………PETITIONERS. Versus 1. THE STATE OF BIHAR. 2. VIKRAM KUMAR DUBEY, SON OF MANGAL DUBEY, RESIDING AT SAHEBGANJ, P.S. KOTWALI, DISTRICT- BHAGALPUR. ………………………………………………OPPOSITE PARTIES. ----------- 7. 18.3.2009. No one appears to press this application which is of the year 2005 when it is called out. It appears from perusal of the records that through this application the two petitioners, who are accused in Sessions Trial No.583 OF 1993, arising out of Pirpaiti P.S. Case No.40 of 1992, have prayed for the quashing of the order dated 24.9.2005, whereby the then learned Presiding Judge, Fast Track Court No.V, Bhagalpur, had rejected their petition under Section 311 Cr.P.C. for recalling some of the prosecution witnesses for their further examination. It further appears from perusal of the case records that pursuant to the order dated 11.12.2006, the notice was directed to be issued to O.P.No.2 for which peremptory time of one week had been granted. It further appears that since Process Server reported about the death of O.P. No.2, four weeks’ time was granted to the petitioners to take steps for substitution of deceased-O.P. No.2. That order not having been carried out , by order dated 27.3.2008 two weeks’ further time was granted to the petitioner to file a substitution petition. - 2 - That order remains uncomplied with. However, no gainful purpose would be served in keeping this case pending. This application is dismissed for non prosecution. P.S. (Abhijit Sinha,J)