Criminal Miscellaneous No.21548 of 1998 ------ In the matter of an application under section 482 of the Code of Criminal Procedure. ------ 1.NAWAL KISHORE CHOUDHARY 2.Vijay Kishore Choudhary 3.Ram Kishore Choudhary Sons of Ram Chandra Choudhary 4.Ram Chandra Choudhary son of Ram Raksha Choudhary All are resident of Sikhalal Tola Fulwaria, P.S.- Fulwaria, Dist.-Begusarai. …. …..Petitioners Versus 1.STATE OF BIHAR 2.Smt. Sunita Devi @ Sunita Bharati, wife of Sri Awadh Kishore Choudhary, resident of village-Taraiya, P.S.-Muffosil, Dist.-Begusarai …… …..Opp.Parties ----------- For the petitioners: Mr.Sunil Kumar and Mr.Rajni Ranjan Pd. Singh For the State: Mr. Hriday Prasad Singh, APP ------ P R E S E N T The Hon’ble Mr.Justice Rakesh Kumar Rakesh Kumar,J. When the case was called out learned counsel for the petitioners informed that petitioner no.4 has died during the pendency of this petition. Accordingly, the case of petitioner no.4 stands abated. 2. It was submitted by the learned counsel for the petitioners that false case was instituted by the complainant. Petitioner no.1 on the alleged date of occurrence was working at Central Fuel Research Institute, Digwadih and was present in the office and petitioner no.2 was Assistant Public Prosecutor at Civil Court, Patna Sadar, Patna. The petitioner no.3 on the date of occurrence was at the centre of Railway Recruitment Board, Gorakhpur. The centre was at Lal Bahadur Shashtri, Post Graduate College, Gonda in U.P. The petitioner no.4 was father of petitioner 2 nos. 1 to 3 and on the date of occurrence he was at Dhanbad. Learned counsel for the petitioners has taken a plea of ali bi of the accused persons. 3. However, after some argument learned counsel for the petitioners submits that he may be permitted to withdraw this petition with a liberty to raise all the points which have been taken in the present case at the stage of charge. 4. Prayer is allowed. This petition is dismissed as withdrawn with a liberty to raise all the points at the stage of charge. 5. On 10.3.1999 the present petition was admitted for hearing and while admitting, this court had directed that further proceedings in the court below in Complaint Case No.49(c) of 1998(Tr. No.798 of 1998) shall remain stayed so far as the petitioners are concerned till the disposal of this application. 6. In view of rejection of this petition, order of stay dated 10.3.1999 stands automatically vacated. 7. Let a copy of this order be sent to the court below forthwith. Patna High Court The 15th April, 2010 NAFR/Md.S. ( Rakesh Kumar, J.)