IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16377 of 2011 1. Nagendra Kumar Verma, S/o – Sri Krishna Kumar Verma, 2. Manish Kumar Verma, S/o – Sri Nagendra Kumar Verma, 3. Krishna Kumar Verma, S/o – Late Ganesh Prasad Verma, All resident of Mohalla – Salempur, Shiv Nandan Road, P.S. – Chapra Town, District – Saran, presently at Bhagwan Bazar, near station, P.S. – Bhagwan Bazar, District – Saran. --------- Petitioners. Versus 1. The State of Bihar 2. Smt. Adhya Mishra, w/o – late Vayaspati Mishra, Mohalla – Salempur, Soham Niwas, P.S. – Chapra. Town, District – Saran. ----------- Respondents. For the Petitioners : Mr. Vishwajeet Singh, Adv. For the State : Mr. Jharkhandi Upadhayay, APP. ******* 02. 11.05.2011 Heard learned counsel for the petitioners and State. This is an application under section 482 of the Code of Criminal Procedure seeking quashing of order dated 26.07.2010 passed in Cr. Rev. No. 139/2009 by the 2nd Additional District and Sessions Judge, Saran, at Chapra, affirming order dated 04.02.2008 passed by learned Magistrate in Trial No. 165/2008 arising out of Complaint Case No. 1949/1998 declaring the petitioners absconder and issuing permanent warrant of arrest. As is evident from the order of Revisional Court as well as copy of order sheet of the court below, it appears that though after taking cognizance notices were issued against the petitioners, but, there is no service report on the record. However, taking into consideration the time elapsed, the petitioners have been declared absconder. The learned counsel representing the petitioners undertakes that the petitioners shall appear before the trial court within three weeks and attend the proceedings of the 2 court till its disposal without causing unnecessary delay or absence. Considering the facts and circumstances of the case and further in order to avoid unnecessary delay in this thirteen years old Complaint Case, this court finds no necessity to issue notice to opposite party no.2 but to dispose of this application at this stage itself with a direction to the petitioners to appear before the court below within three weeks from communication of this order with an undertaking to attend the court regularly without causing any unnecessary delay. In case of filing of such application with undertaking treating the case as of first appearance on notice, no coercive steps shall be taken against the petitioners. With the above observations, this application stands disposed of. Let a copy of this order be communicated to court below in connection with Complaint Case No. 1949/1998, through Fax at the cost of the petitioners. Rajeev/ ( Akhilesh Chandra, J.)