IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13215 of 2009 1. UPENDRA YADAV, son of late Hari Narandan Yadav, resident of village – Dhanauja, P.S. – Phulparas, District – Madhubani. 2. Yugeshwar Yadav, son of Jaddu yadav, Panchayat Secretary, Gram Panchayat Raj, Dhanauja, P.S. – Phulparas, District – Madhubani. 3. Shokendra Chaudhary @ Shokendra Ram, son of Nasib Lal Mochi, resident of village – Dhanauja, Navtol, P.S. – Phulparas, District – Madhubani. ---------- Petitioners. Versus 1. THE STATE OF BIHAR 2. Saryug Ram, son of Ramfal Ram, resident of village Bahuarwa, P.S. – Phulparas, District – Madhubani. ----------- Opposite Parties. ------- 02. 04.10.2010 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This is an application under section 482 of the Criminal Procedure Code seeking quashing of order dated 03.02.2009 passed in Cr. Rev. No. 45/05CC passed by learned 1st Additional Sessions Judge, Madhubani, setting aside the order dated 19.04.2005 passed by A.C.J.M. Jhanjharpur bearing complaint case no. 128/2004 passing a fresh order after taking into account of existing evidence regarding its entirety. After some arguments, learned counsel for the petitioners seeks permission to withdraw this application with a liberty to agitate all his points before the trial court at appropriate stage, in case of need taking shelter of decision of the Apex Court in case of Jorgia Pentiah v. State of A.P. reported in 2009(1)BCCR 153(SC). Accordingly, this application stands dismissed as withdrawn. Rajeev/ (Akhilesh Chandra, J.)