IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1804 of 2007 JAMIL HAIDAR Versus MAZIDA KHATOON & ANR ----------- 3 29.8.2008 Heard Counsel for the petitioner. For the reasons mentioned in I.A. No. 4993 of 2007, the delay of 49 days in filing of this civil revision is condoned. After some argument, Counsel for the petitioner seeks permission to withdraw this application in order to avail the remedy under proviso to 126(2) of the Code of Criminal Procedure (Cr.P.C.) before the same Court which had passed the ex-parte order under Section 125 Cr.P.C. Considering the fact that this application even though misconceived has remained pending till today, the Court below will also consider the prayer of the petitioner for condoning the delay in filing of an application under Section 126 Cr.P.C. and in fact would be well advised to decide the case of the petitioner under Section 126 Cr.P.C. on merits. With the aforementioned observations this application is dismissed as withdrawn. Rsh (Mihir Kumar Jha, J.)