IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12381 of 2009 1.BALESHWAR YADAV, S/O Malhori Yadav 2.SURENDRA YADAV, S/O Kaleshwar Yadav Both R/O Village Rangmatiya, P.S. Belhar, District Banka. ………Petitioners Versus 1.THE STATE OF BIHAR 2.KAVITA DEVI, W/O Sri Singesar Yadav, R/O Village Rangmatiya, P.S. Belhar, District Banka. ……….Opposite Parties 02/- 28-09-2010 Heard learned counsel for the petitioners and Additional Public Prosecutor for the State. This is an application under Section 482 Cr.P.C. seeking quashing of order dated 17-01-2009 passed by learned Additional Sessions Judge, Banka in Sessions Case No. 233 of 2003 arising out of Belhar P.S. Case No. 82 of 1998 refusing the prayer made on behalf of the petitioners under Section 228 Cr.P.C. During course of argument, learned counsel for the petitioner submitted that petitioner no. 2, namely, Surendra Yadav is now no more and after some argument in spite of trying his level best, learned counsel for the petitioners seeks permission to withdraw this application with a liberty to agitate all his points before the trial court at remaining appropriate stage. Prayer is allowed. Accordingly, this application stands dismissed as withdrawn. Praveen (Akhilesh Chandra, J.)