IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17370 of 2009 VIJAY KUMAR S/O LATE RADHAKANT PRASAD, R/O VILLAGE/MOHALLA-CHANDMARI, P.S. MOTIHARI TOWN, DISTT.- EAST CHAMPARAN. --PETITIONER Versus 1. THE STATE OF BIHAR 2. SURAJ DEO MISHRA S/O LATE CHANDRIKA MISHRA, R/O VILLAGE-DUMRA, P.S. KOTWA, DISTRICT- EAST CHAMPARAN. --OPP.PARTY For the Petitioner : Mr. D.K. Tandon For the Opp.Party : Mr. Raj Ballabh Singh, APP 2 26.11.2010 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This is an application seeking quashing of the order dated 05.02.2009 passed by Additional District Judge, Vth, Motihari, in Cr.Rev. no. 335/05/55/2008 and for quashing of the order dated 26.07.2005 passed by Sri S.K. Srivastava, Judicial Magistrate, first class, Motihari in Trial no. 920 of 2005. After some arguments learned counsel for the petitioner seeks permission to withdraw this application with liberty to agitate all his points before the trial court at 2 appropriate stage preferably at the time of hearing on the point of charge. Permission is granted. Accordingly, this application is disposed of with the aforesaid liberty. Simultaneously the court below is directed to proceed expeditiously with the case and record the evidence of witnesses before charge in accordance with law and after hearing the parties on the points involved, pass appropriate order taking into consideration all legal and factual aspects. Let this order be communicated through FAX to the court below at the cost of the petitioner. (Akhilesh Chandra, J.) AAhmad