IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2024 of 2008 SURYA DAYAL SINGH @ SADHU JEE, SON OF LATE MAHA NAND SINGH, RESIDENT OF MOHALLA-SULTANPUR, KOIRI TOLA, P.S. DANAPUR, DISTRICT-PATNA --- PETITIONER Versus 1. THE STATE OF BIHAR 2. SHRI SARIFAN RAI, SON OF SHRI HEM NARAYAN RAI, RESIDENT OF HANUMANGANJ, P.O. CHANDMARI, P.S. SAHPUR , DISTRICT-PATNA. ---------------- OPP.PARTIES. 5 15-12-2008 Heard Mr.Kripa Nand Jha, the learned counsel for the petitioner as also Mr.Jharkhandi Upadhaya, the learned A.P.P. for the State and Mr. Atul Kumar Pandey, the learned counsel for Opp.Party no.2. A counter affidavit has been filed by Opp.Party no.2 , wherein in paragraph no.3, a preliminary objection has been made to the effect that although the petitioner had preferred the instant application for quashing of the order dated 11.5.2007 but as a matter of fact before the trial court several further steps have been taken, the latest being the developments in the court below. Having seen the developments in the court below, the learned counsel for the petitioners very fairly prays for withdrawal of this application. Accordingly, this application is dismissed as withdrawn. (Abhijit Sinha, J.) NKS/- - 2 -