IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15586 of 1999 RAM EKBAL CHOUDHARY, Son of Late Ram Chandra Choudhary, resident of Mohalla- New Jakkanpur, Sahgal Path, P.S. Jakkanpur in the district of Patna ------------ Petitioner Versus 1. THE STATE OF BIHAR 2. The Sub-Inspector of Police, Jakkanpur Police Station,Patna -------- Opp.Parties. ----------- For the petitioner: Mr. Akhileshwar Prasad Singh, Advocate For the State : Mr. Parmanand Prasad, A.P.P. --------- 09 22-04-2010 The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of entire proceeding including the order dated 23rd December,1998 passed by the learned Chief Judicial Magistrate, Patna in Case No.2473 of 1998. By the said order, the learned Chief Judicial Magistrate had taken cognizance of the offence under Section 182 of the Indian Penal Code and ordered to issue process against petitioner to face the trial. The learned counsel for the petitioner submits that on perusal of Annexure-2, it is evident that there is no material in the information given by the petitioner to the police to indicate that the petitioner has committed any offence under Section 182 of the Indian Penal Code. It was submitted that the petitioner, while giving information to the police, had not given any false information nor he had made any allegation against any one but he had only given information regarding the loss of certain 2 documents and he was apprehensive that his brother might have stolen the documents. Learned counsel for the petitioner further submits that the police officer, i.e. Opp.Party no.2 only recorded the Sanha Entry and without permission of the superior officer started investigation into the matter and a report vide Annexure-1 was submitted for prosecuting the petitioner under Section 182 of the Indian Penal Code. He submits that on the basis of entire materials available on record, commission of offence under Section 182 of the Indian Penal Code is not made out. However, after some arguments learned counsel for the petitioner seeks permission to withdraw this application with a liberty to raise all these grounds which have been taken in the present petition, at the time of charge. Prayer is allowed. Accordingly, the application is dismissed as withdrawn with a liberty as indicated above. In view of the rejection of the present petition, the interim order of stay dated 1.5.2000 stands automatically vacated. Let a copy of this order be sent to the court below forthwith. NKS/- ( Rakesh Kumar, J )