IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.123 of 2007 VIJAYWANT KUMAR CHOUDHARY & ORS Versus THE STATE OF BIHAR & ORS ----------- 7 5.8.2008 Heard the learned counsel for the parties. In the instant writ application the petitioners pray for a direction to the respondents to withdraw the prosecution of Dalsingsarai P.S. Case No.88 of 1994 pending in the court of the S.D.J.M., Dalsingsarai. Learned counsel submits that at the examination centre the students created ugliness and were on rampage. When the situation became violent the police firied at the protesting students on the order of the then S.D.J.M., Dalsingsarai in which three students were shot dead. There was also a case of arson. The learned counsel submits that there was recommendation for the withdrawal of the case by the District Magistrate. He further submits that the matter of withdrawal of the case is pending before the Special Secretary,Home Department. Learned counsel for the State by referring to para 5 of the counter affidavit of D.M., Samastipur dated 5.11.2007 states that the District Magistrate had earlier by his letter dated 11.2.2005 granted sanction for prosecution of the persons concerned and as such he did not make any opinion for withdrawal of the case. Learned counsel for the State submits that in course of investigation C.I.D. also found materials against the accused persons and finally charge sheet was submitted In the facts and circumstances of the case, this Court is not inclined to give any direction in respect of the withdrawal of this case. - 2 - The application stands dismissed. AnilKsinha (Samarendra Pratap Singh,J.)