IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14293 of 2011 1. JIT RAI TUDU AND S/O LATE KATIYA TUDU 2. CHANDA HANSDA, WIFE OF JIT RAI TUDU 3. SUSHIL KUMAR @ SUSHIL KUMAR TUDU, S/O JIT RAI TUDU. R/O VILLAGE-GOKULPUR, MADARGANJ, SANKARHAT, DISTRICT-BHAGALPUR AT PRESENTLY R/O MOHALLA-JAIL COLONY, NAWADAH, P.S. NAWADAH, DISTRICT- NAWADA. --PETITIONERS Versus 1. THE STATE OF BIHAR 2. DHANANJAY SINGH S/O RAMDEB SINGH, R/O VILLAGE-BISHUNPUR, P.S. HULASGANJ, DISTRICT-JEHANABAD, AT PRESENTLY POLICE LINE NAWADAH, P.S. AND DISTRICT-NAWADAH. --OPP.PARTIES 2 27.04.2011 Heard. This is an application seeking quashing of order dated 07th September, 2010 passed by Judicial Magistrate, first Class, Nawadah, in Complaint Case no. 592 of 2010 arising out of T.R. no. 2694 of 2010 taking cognizance for the offence under Sections 323 and 379 of the Indian Penal Code. After some arguments learned counsel for the petitioners seeks permission to withdraw this application with liberty to agitate all points including the age and height of petitioner no.3, Sushil Kumar @ Sushil Kumar Tudu, and plea of alibi of petitioner no.1, Jit Rai Tudu, at 2 appropriate stage before the court below. Permission is granted. This application is disposed of accordingly. AAhmad ( Akhilesh Chandra, J.)