Cr. MPM No. 1040 of 2009. 30.12.2009. Present: Mr. Varun Rana vice Mr. V.S.Chauhan, counsel for the petitioner. Mr. R.P.Singh, Asstt. A.G. for the respondent. The learned Assistant Advocate General has submitted that petitioner had surrendered before the police on 23.12.2009 and was produced before Judicial Magistrate Ist Class (2), Shimla on 24.12.2009 and he was remanded to police custody for five days. The petition is under Section 438 Cr.P.C. Therefore, in view of subsequent development, the petition does not survive and is accordingly dismissed. December 30, 2009. ( Kuldip Singh ), (Hem) Judge.