IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17375 of 2011 SHAILENDRA PRASAD SINGH @ SHAILENDRA SINGH, son of Late Karjanand Singh, resident of village – Bakma, P.O. – Bakma, P.S. – Bhadaur, District – Patna. ---------- Petitioner. Versus The State of Bihar --- Opposite Party For the Petitioner : Mr. Rajeev Kumar Labh, Adv. For the State : Mr. Damodar Pd. Tiwary, APP ****** 02. 20.05.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This is an application under section 482 of the Code of Criminal Procedure seeking quashing of order dated 15.04.2010 passed by Chief Judicial Magistrate, Barh, taking cognizance for the offence under section 7 of the Essential Commodities Act in connection with Barh P.S. Case No. 17/2010 and now the matter is pending before Sub-Divisional Judicial Magistrate, Barh, Patna, for further proceedings. During the course of argument, it is submitted that petitioner is a P.D.S. Dealer and Kerosene Oil was under transit from place of release to his godown, so, no offence is made out against him. However, after such argument, learned counsel for the petitioner seeks permission to withdraw this application with a liberty to agitate all such points including case law before the trial court at an appropriate stage preferably at the time of hearing 2 on the point of charge where the trial court before deciding commencement of trial shall consider all factual and legal aspects and pass appropriate order. With the above observation and liberty, this application stands disposed of as withdrawn. Let a copy of this order be communicated to the court below through Fax at the cost of the petitioner. Rajeev/ ( Akhilesh Chandra, J.)