IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.53727 of 2007 LALBABU SINGH, S/o Late Rajdhari Singh, R/o village Saravey, P.S. Siwan Muffasil, District Siwan …… Petitioner Versus 1. STATE OF BIHAR 2. Manoj Kumar Singh 3. Sujit Kumar Singh 4. Sanjay Kumar Singh All sons of Late Bacha Singh 5. Maya Devi, W/o Late Bacha Singh 6. Geeta Devi, W/o Manoj Kumar Singh 7. Chinta Devi, W/o Sijit Kumar Singh All residents of village Saravey, P.S. Siwan, Muffasil, District Siwan …. Opp. Parties ----------- 2 18.2.2009 Heard Mr. Ram Chandra Sahni, learned counsel for the petitioner and Mr. Jharkhandi Upadhaya, the learned A.P.P. for the State. The grievance of the petitioner who happens to be the complainant of Complaint Case No. 1264 of 2004 is aggrieved by the order dated 14.9.2004 passed therein by Sri P.C. Anal, Learned Judicial Magistrate , Siwan, whereby he has closed the complainant’s evidence before charge and in the absence of any cogent material evidence has discharged the accused persons from the charges levelled against them. It appears from Annexure 4 which has been appended with the application herein that a petition was filed in Court on 17.9.2007 to grant adjournment since the complainant’s witnesses were sick and could not attend Court. It further appears from the impugned order that time since 5.4.2006 was being granted to the complainant to produce his witnesses who according to the - 2 - complaint petition happened to be none other than his wife and three daughters. It is not known as to what was the nature of illness that the complainant’s witnesses were suffering from but the fact remains that he could not produce any of his four family members for their evidence in Court for over a period of one and a half years. Apparently undue advantage of the liberality of the court has been taken to prolong the case unnecessarily. For the reasons stated above I find no merit in this application which is dismissed. Spd/- (Abhijit Sinha, J.)