Rajendra Prasad Singh And ANR. v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11153 of 2011 ======================================================

1. Rajendra Prasad Singh son of late Rameshwar

2. Rajesh Kuamr son of Rajendra Prasad Singh, both are resident of Mohalla Mahatama Gandhi Nagar, near behind Bajaj Syndicate, Kanti Factory road, Kankarbagh, P.S. Patrakar Nagar, Distt. Patna (Bihar) .... .... Petitioner/s

Versus

1. The State of Bihar

2. Shailesh Sharma s/o late Sheodutt Sharma, Asian Paints Limited, Lal Bahadur Shstri Marg, Bhandup, Mumbai-400078 .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gopal Govind Mishra, Advocate For the Opposite Party/s : Mr. Shailendra Kumar-I, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 16-05-2016 The Petitioners seek quashing of the order of cognizance dated 27.2.2009 passed by the S.D.J.M., Masaurhi, Patna in Complaint case No.31(C) of 2009.

It has been submitted that the Complainant is dead, and he has not been substituted in the Court below. Evidently in such circumstances, the Complaint no longer survives and hence the present application appears to have become infructuous.

It is dismissed as such.

The Court below shall take a final decision of dropping the proceeding on account of death of the Complainant within a period of three weeks from the date of receipt of this order.

Narendra/- (Anjana Prakash, J) U T