Purnendu Bhushan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40550 of 2014 Arising Out of PS.Case No. -159 Year- 2011 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Purnendu Bhushan Singh Son of Late Ramchander Singh resident of village- Rajoura, P.S.- Muffasil, District- Begusarai .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Kumar For the Opposite Party/s : Mr. Anand Kishore Chaudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 28-08-2017 Despite repeated calls, no one appears on behalf of the petitioner. Counsel for the State is present. The instant application has been filed for quashing the order dated 19.04.2013 passed in Harsidhi P.S. Case No. 159 of 2011 whereby the Chief Judicial Magistrate, Sadar, Motihari took cognizance under sections 409, 420, 467, 471 and 120B of the Indian Penal Code.

From perusal of the order sheet, it appears that there is no interim order, staying the proceeding of the court. Since more than four years has elapsed of the order taking cognizance dated 19.4.2013 and no one appearing on behalf of the petitioner to press the petition, it appears that either the petition has become

Patna High Court Cr.Misc. No.40550 of 2014 (3) dt.28-08-2017 2/2 infructuous during the interregnum period or petitioner has lost interest in the present case.

Under such circumstances, when counsel for the petitioner is not appearing in this case nor prayer has been made on behalf of the petitioner for adjournment of the case, no useful purpose would be served by keeping the matter pending. The application is disposed of with liberty to the petitioner to approach before the court below and raise all such submissions as pleaded in the present application and other submissions as would be available to the petitioner by filing appropriate application before the court below. The court below is expected to dispose of such application if filed by the petitioner by a reasoned and speaking order within a period of three months from the date of filing of such petition, if the court below has not disposed of the case as yet and the matter is still pending in the court below. (Anil Kumar Upadhyay, J) Ravi/- U T