IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17069 of 2009 SHATRUGHAN PRASAD SINGH, Son of Sheo Ratan Singh, Resident of Village Khardiha, P.S. Deo, District Aurangabad. ……..Petitioner Versus THE STATE OF BIHAR …….Opposite Party 02/- 22-11-2010 Heard learned counsel for the petitioner and Additional Public Prosecutor for the State. This is an application under Section 482 of the Code of Criminal Procedure, seeking quashing of order dated 01.04.2009 passed by the learned Additional Sessions Judge, Jehanabad in G.R. No. 1268/2000/T.R. No. 11/2008 arising out of Patna SC/ST P.S. Case No. 19 of 2000, refusing the prayer of discharge of the petitioner. During course of argument, it is submitted that till today neither charge has been framed nor even one single witness has been examined and this case appears squarely covered in a decision of Apex Court in a case of “Jorgia Pentiah V. State of A.P. reported in 2009(1) BCCR 153 (SC).” After some arguments, learned counsel for the petitioner seeks permission to withdraw this application, since as submitted trial has not commenced as yet, petitioner is given a liberty to pray before the court below to reconsider the matter taking into consideration the decision of Apex Court besides other points to be placed. It is further, made clear that in case trial has already 2 commenced and witnesses are being examined then no reconsideration is required, but in that event, the court below shall proceed expeditiously and preferably disposed of the case within six months from the communication of the order. With the above liberty this application stands disposed of as withdrawn. Praveen (Akhilesh Chandra, J.)