IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35942 of 2006 BINDESHWARI SINGH & ANR Versus THE STATE OF BIHAR & ANR ----------- 10/ 17/03/2009 Heard learned counsel for the petitioners and learned counsel for the State of Bihar. From the order-sheet it appears the O.P. No.2, the complainant, was noticed and had entered appearance before this Court. On 27.9.2007 it was noticed that the O.P. No.2 has since died and the matter was adjourned to enable the petitioners to file a substitution application, if so advised. Learned counsel for the petitioners submits that, in fact, the now deceased complainant has not been substituted by any other in the complaint case before the court below itself. The proceedings are based on a complaint case no.1229/04 under Sections-323, 342 and 354 of I.P.C. leading to cognizance affirmed in a criminal revision. Section-256 of the Code of Criminal Procedure provides for the manner in which the Magistrate is required to proceed in the event of the death of the complainant. Since no one appears on behalf of O.P. No.2, and this Court does not have the benefit of any 2 submissions from the O.P. No.2 of non-substitution before the court below, this application under Section- 482 of the Code of Criminal Procedure at this stage is disposed with the observation that if the petitioner appears along with a copy of the present order before the court of Judicial Magistrate, 1st Class, Bhabua and there has been no substitution of the deceased complainant in accordance with law the Magistrate shall proceed to decide the matter on the date fixed in the complaint case in accordance with Section-256 of the Code of Criminal Procedure The application stands disposed. KC (Navin Sinha, J.)