IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6714 of 1998 7 26.3.2010 1. Mazhar Hussain @ Md. Mazhar Hussain son of Late Akhtar Hussain 2. Sarvanand Paswan son of Late Bhundal Paswan 3. Ramanand Paswan Son of Late Bhundal Paswan 4. Md. Azim Son of Ali Hasan All resident of village Ishopur, P.S. Phulwarishrif in the district of Patna ....... Petitioners VERSUS 1. The State of Bihar 2. Mumtaz Hassan Arfi Son of Late Abdul Hafiz 3. Rizwan Haider Son of Nasim Haider Both resident of village Ishopur, P.S. Phulwarisharif 4. Kaus Siddique Son of Late Israr Ahmad Resident of Mohalla Mahatwana, P.S. Phulwarisharif In the district of Patna ...... Opposite Party ------- Although names of Mr Md. Mushtaque Alam and Mr Ashraf Ansari, Advocates appear in the daily cause list as counsels for the petitioners, none has appeared. Another counsel has appeared and prayed for time on the ground that a senior counsel is likely to appear in future. It is an old case of 1998 and non-appearance of the counsels either to argue or to pray for time cannot be accepted. In such circumstances, this quashing application is dismissed for non-prosecution. It is made clear that it will not be restored without exemplary costs as counsel for 2 the opposite parties is present and in fact, he has argued that the case relates to a proceeding under Section 107 of the Code of Criminal Procedure and after so many years, petitioners have lost interest in the matter because of stay order granted by this Court while admitting this application. (Shiva Kirti Singh,J.) sk