Criminal Miscellaneous No.26874 OF 1999 ----- In the matter of an application under section 482 of the Code of Criminal Procedure. ------ BINOD KUMAR YADAV son of Jaglal Yadav, Resident of village-Sangava, P.S.-Gopalpur, District-Gopalganj ….. …..Petitioner Versus 1.STATE OF BIHAR 2.Birendra Yadav son of late Bhagan Yadav, Resident of village-Sangawa Dih, Tola Nanahkush, P.S.-Gopalpur, Dist-Gopalganj ….. …..Opp. Parties. ------ For the petitioner: Mr. Vishwajeet Kumar Mishra, Adv. For the State : Mrs. Indu Bala Pandey, Addl.P.P. ------ P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR ------ Rakesh Kumar,J. When the case was called out learned counsel for the petitioner submits that the petitioner and the opposite parties are Pattidars. However, during the pendency of this petition some development had taken place and a compromise has arrived at in between the parties. 2. In this case despite notice to opposite parties, none has turned up on their behalf and in absence of opposite parties it would not be possible for this court to pass a positive order in favour of the petitioner or for dropping the case. It was informed that the compromise petition has already been filed before the court below. 3. In view of subsequent development without entering into the merit of this case, it is desirable to permit the petitioner to withdraw this petition with liberty to press the compromise petition before the concerned court. 2 4. If such prayer is made, it is expected that the learned Magistrate will examine the compromise petition and will pass order in accordance with law without being prejudiced by this order. 5. With above observation and direction the petitioner is permitted to withdraw this petition and, accordingly, this petition is dismissed as withdrawn. 6. In view of dismissal of this petition interim order of stay dated 15.4.2003 stands automatically vacated. 7. In this case earlier lower court record was called for which is lying with the record of the present case. Since the petition has been dismissed as withdrawn, the office is directed to remit back the lower court record along with a copy of this order to the court below forthwith. Patna High Court The 12th May, 2010 NAFR/Md.S. ( Rakesh Kumar, J.)