CRIMINAL MISCELLANEOUS No.24635 OF 2003 ------- In the matter of an application under section 482 of the Code of Criminal Procedure. ------- S.SARFRAZ AHMAD son of late Fahimuddin, resident of Mohalla Neem Lohar, P.S.-Sasaram, Dist.- Rohtas ……. ……..Petitioner Versus 1.STATE OF BIHAR 2.Nesar Ahmad son of late Fasihuddin Ahmad, resident of Adam Imli Khan, P.S.-Sasaram, Dist.-Rohtas 3.Yasmin Nisar daughter of Nisar Ahamad, resident of Mohalla Imli Adam Khan, P.S.-Sasaram, Dist.-Rohtas …….. …….Opp.Parties ------- For the petitioner: Mr. Shekhar Singh For Opp. Party No.2: Mr. R.K.Mishra Mr.Rajesh Kumar For the State : Mr. Mukeshwar Dayal, A.P.P. ------- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR ------- Rakesh Kumar,J. Learned counsel for the petitioner files a supplementary affidavit. Keep it on the record. After some argument learned counsel for the petitioner seeks permission to withdraw this petition with liberty to raise all the points which have been raised in the present case at an appropriate stage. It has been argued by Mr, Shekhar Singh, learned counsel for the petitioner, that Talak was already taken by the petitioner from opposite party no.3 in the year 1997 and that was approved by the Apex body under the Muslim Law. Learned counsel for the petitioner has referred to number of documents particularly annexues-6 and 7 relating to Matrimonial Case No.36 of 2002/D.A. No.348 of 2002. Learned counsel for the petitioner has also referred to judgment of compromise passed in Sasaram 2 (T) P.S. Case No.111 of 2000/G.R. Case No.303 of 2000/Tr. Case No.292 of 2001 dated 2.11.2001. This court at the stage of hearing a petition under section 482 of Code of Criminal Procedure against an order of cognizance is not supposed to examine those documents. However, those documents can be looked into by the court concerned at an appropriate stage. Prayer for withdrawal of this petition is allowed. The petition is dismissed as withdrawn with liberty to raise all the points which have been raised in the present case or any other point, if available, at an appropriate stage. Accordingly, the petition stands disposed of. Interim order of stay stands automatically vacated. Patna High Court The 20th September, 2010 Md.S./NAFR ( Rakesh Kumar, J.)