IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12464 of 2009 AYUB KHAN, Son of Kamrul Haque, R/O Village Gyaspur, P.S. Siswan, District Siwan. ………Petitioner Versus THE STATE OF BIHAR ……Opposite Party 03/- 30-09-2010 Heard learned counsel for the petitioner and Additional Public Prosecutor for the State. This is an application under Section 482 of the Code of Criminal Procedure seeking quashing of order dated 5.1.2009 passed by Chief Judicial Magistrate, Siwan in Pachrukhi P.S. Case No. 99 of 2004 taking cognizance for the offences under Sections 302, 307, 326, 353, 414/34 of the Indian Penal Code and 25(1-B) A, 26/27 of the Arms Act. Initially, main contention of the learned counsel for the petitioner was that petitioner was neither named in the case nor there is any possibility of involvement of any person other than named and there is also no material against petitioner brought during investigation. However, taking into consideration that case before the court below is ready for hearing on the point of charge, learned counsel for the petitioner seeks permission to withdraw this application with a liberty to agitate all his - 2 - points before the trial court, who shall consider the materials and pass appropriate order in accordance with law. Permission is granted. Accordingly, this application stands dismissed as withdrawn. Praveen (Akhilesh Chandra, J.)