1 IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5454 of 2011 MANTU MISHRA @ SRI KANT MISHRA S/O LATE RAJNI KANT MISHRA, R/O VILLAGE-SONBARSHA, P.S. BUXAR, DISTRICT-BUXAR. --PETITIONER Versus 1.THE STATE OF BIHAR 2.SANJAY KUMAR MISHRA S/O SRI BHIM SEN MISHRA, R/O VILLAGE-SOBARSHA INDUSTRIAL, P.S.BUXAR, DISTRICT-BUXAR. --OPP.PARTY 2 23.02.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This is an application seeking restoration of Cr.Misc. no. 14737 of 2009 dismissed for non-prosecution vide order dated 28th October, 2010. The aforesaid application under Section 482 of the Code of Criminal Procedure was preferred seeking quashing of order dated 13th November, 2007 passed in G.R. no. 1009 of 2 2007 (arising out of Buxar (Ind.) P.S. Case no. 50 of 2007) passed by Chief Judicial Magistrate, Buxar, taking cognizance against the petitioner for the offences under Sections 147, 148, 149, 307, 302, 504 of the Indian Penal Code and 25(i)b, 26, 27, and 35 of the Arms Act . After some arguments learned counsel for the petitioner seeks peremission to withdraw this application with liberty to agitate all his points before the trial court at appropriate stage prefererably at the time of hearing on the point of charge, if trial is yet to commence. Permission is granted. The application stands disposed of, with the above liberty. AAhmad (Akhilesh Chandra, J.)