CRIMINAL MISCELLANEOUS No.20826 OF 2007 -------- In the matter of an application under section 482 of the Code of Criminal Procedure. -------- 1.KAMDEO YADAV son of late Bairagi Yadav 2.Ram Rati Devi wife of Kamdeo Yadav 3.Basant Yadav son of Kamdeo Yadav All residents of village-Laheria Pokhar, P.S.-Barh, Distt.-Patna …… ……..Petitioners Versus 1.STATE OF BIHAR 2.Reena Devi wife of late Satyendra Yadav, Resident of village-Laheria Pokhar, P.S.-Barh, Distt.-Patna ……. …….Opp.Parties -------- For the petitioners: None For the State: Mr. A.M.P.Mehta, A.P.P. -------- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR ------- Rakesh Kumar,J. On 29.10.2010 none had appeared on behalf of the petitioners on call of the case. However, the case was adjourned for the day with an indication that no further adjournment shall be granted. While adjourning the case it was noticed that in the case interim order of stay was continuing since long. Today, again on call of the case none appeared on behalf of the petitioners either to press this petition or to make a prayer for adjournment. 2. In absence of learned counsel for the petitioners, I have heard Mr. A.M.P.Mehta, learned counsel appearing on behalf of the State. It has been submitted by Mr.Mehta that the present first information report i.e. Barh P.S.Case No.368 of 2005 was registered on the basis of the complaint which was filed by opposite party no.2 vide Complaint Case No.385C of 2005 in the court of learned Additional Chief Judicial Magistrate, Barh, Patna. First information report was registered under sections 498A, 302 2 and 201/34 of the Indian Penal Code. Learned counsel for the State further submits that after registering the first information report the police thoroughly investigated the case and thereafter on 18.2.2006 charge-sheet was submitted against the accused persons and the case was subsequently committed to the court of Sessions. At the state of charge a petition for discharge was filed on behalf of the petitioners. It has been submitted that the Additional Chief Judicial Magistrate, Barh, Patna has rightly rejected the petition for discharge. I have also perused the materials available on the record. 3. Keeping in view the facts and circumstances of the present case, the court is not inclined to interfere with the impugned order. Accordingly, the petition stands rejected. In view of rejection of this petition, interim order of stay stands automatically vacated. 4. Since the matter remained pending for a long period and there was also order of stay, it is desirable to direct the court below to proceed with the case so that the case may come to its logical end without any further delay. 5. With the above observation and direction, the petition stands rejected. 6. Let a copy of this order be communicated to the court below forthwith. Patna High Court, The 2nd November, 2010 Md.S./NAFR ( Rakesh Kumar, J.)