IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.55080 of 2007 RAM PRASAD MAHTO & ORS Versus THE STATE OF BIHAR & ANR ----------- 05. 18.08.2010 The present application has been filed for modification of the order dated 23.04.2010 on the ground that the matter was actually passed over, but by inadvertence the matter was taken up in the second half. From the record, it does not appear as such. The other ground taken by Mr. Indu Shekhar Prasad Singh, learned senior counsel that in a case of non appearance, the matter should have been dismissed for default instead of passing the order on merit. In the quashing matter, more than 8000 cases are pending before this Court and when the application are taken up, in majority of the cases the counsels for the petitioners do not appear and due to non disposal of quashing applications trials are being held up. In that view of the matter, the matter was disposed off since the impugned order of cognizance was dated 11.02.2002 which was also upheld by the revisional forum, hence the quashing application was dismissed with a liberty to the petitioner to raise all his 2 contentions at the time of framing of charge. Considering the aforesaid facts, I am not inclined to interfere in the matter. However, this order of dismissal will no way prejudice the case of the petitioner in any manner for raising his contentions at the time of framing of charge. The application stands dismissed. Shageer ( Dinesh Kumar Singh, J.)