Criminal Miscellaneous No.17305 OF 1999 ---- In the matter of an application under Section 482 of the Code of Criminal Procedure,1973. ---- 1. DAYASHANKAR PRASAD SHARMA @ BABUA JI SON OF YOGENDRA SHARMA. 2. YOGENDRA PRASAD SHARMA SON OF LATE RAGHO SHARMA. 3. SHIVKALA DEVI WIFE OF YOGENDRA SHARMA. ALL RESIDENT OF MOHALLA MOTIJHIL, NEW BUNGLAW, AYODHYA PRASAD LANE, P.S. TOWN, DISTRICT MUZAFFARPUR. ... ... PETITIONERS. Versus 1. STATE OF BIHAR 2. SRIMATI SHASHI PRABHA DEVI WIFE OF SRI PUNESHWAR RAI, RESIDENT OF MOHALLA MOTIJHIL, MOHANPURI COLONY, P.S. TOWN, DISTRICT MUZAFFARPUR. ... ... OPPOSITE PARTIES. ---- For the Petitioners : Mr. Rana Pratap Singh, Sr.Adv. For O.P. No.2 : Mrs.Sheela Sharma, Adv. ---- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR ---- Rakesh Kumar,J. Heard Shri Rana Pratap Singh, learned Senior Counsel appearing on behalf of the petitioners and Smt. Sheela Sharma, learned counsel appearing on behalf of opposite party no.2. 2. It was argued by Shri Singh, learned Senior Counsel appearing on behalf of the petitioners that present complaint petition was filed maliciously and only with a view to put pressure on the petitioners so 2 that they may not oppose opposite party no.2 in constructing her building, which according to the petitioners was illegal. 3. However, after some argument, learned Senior Counsel appearing on behalf of the petitioners seeks permission to withdraw this petition with liberty to raise all the points, which have been raised in the present case or any other available point at appropriate stage. Prayer is allowed. 4. Accordingly, the petition is dismissed as withdrawn with liberty to raise all the pleas at appropriate stage. If such pleas are taken, it is expected that the learned Magistrate will examine the same and he will pass a reasoned order dealing with the pleas taken by the petitioners. 5. With above observation and direction, the petition is dismissed as withdrawn. ( Rakesh Kumar,J.) PATNA HIGH COURT Dated 8.7.2010 N.A.F.R./N.H.