IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45739 of 2007 1.CHANCHAL RANI @ CHANCHALA RANI wife of Gonour Sah 2.Gonour Sah son of late Sunder Sah, Both resident of village-Chakmahdin, P.S.-Jandaha, Dist.-Vaishali. Versus 1.STATE OF BIHAR 2.Vimal Choudhary son of Ramdaun Choudhary, resident of village Chakmahdin, P.S.-Jandaha, Dist.-Vaishali ----------- 3. 10.3.2010. Heard Mr.Viveka Nand Singh, learned counsel for the petitioner, Mr.Amitesh Kumar, learned counsel appearing on behalf of the opposite party no.2 and Dr. Maya Nand Jha, learned counsel for the State. In this petition the petitioner has challenged the order of cognizance dated 19.5.2006 in Complaint Case No.C-190 of 2005/Tr. No.1013 of 2006 passed by Sri Sandeep Mishra, Judicial Magistrate, 1st Class, Hajipur at Vaishali. Learned counsel for the petitioner submits that on perusal of the complaint petition itself it is evident that the dispute appears to be of civil in nature. However, after some argument, learned counsel for the petitioner makes a prayer to withdraw this petition to file an appropriate petition at the stage of charge with a liberty to raise all the points before the court below. Prayer is allowed. The petition is dismissed as withdrawn. If such a petition is filed, the court below may examine the petition on its own merit without being prejudiced by the order of this court. Md.S. ( Rakesh Kumar, J.)