IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26054 of 2007 1. SUDHANSHU KUMAR Son of Sri shoe Kumar Sharma 2. Sheo Kumar Sharma, Son of Late Baidyanath Sharma 3. Smt. Dharmshila Devi, W/o Sri Sheo Kumar Sharma All residents of Professors’ colony, Kachcha Road, P.S. Sheikhpura, in the District of Sheikhpura. ….. Petitioners Versus 1. STATE OF BIHAR 2. Arti Kumari, D/o late Chandramauli Kuer, R/o village Marachi, P.S. Marachi, District Patna. …. Opp. Parties. ----------- For the petitioners : Mr. Akhileshwar Pd. Singh, Advocate For the State : Mr Jharkhandi Upadhaya, A.P.P. For O.P. no. 2 : None 3 23.10.2008 The learned counsel for the petitioners through this application has prayed for quashing of order dated 26.3.2007 passed by the Sub Divisional Judicial Magistrate, Barh in Complaint Case No. 488 C of 2006, whereby cognizance has been taken and processes has been directed to be issued against the petitioners to face trial for offences under section 498A I.P.C. and Section 3 / 4 of Dowry Prohibition Act. The learned counsel for the petitioners has very fairly conceded that the evidence before charge is being recorded and in view of the matter and seeing the difficulty of the Court in exercising powers under section 482 Cr.P.C. has sought permission to withdraw this application with liberty to them to raise all these issues at the time of framing of charge keeping the decision of the Apex Court in the case of Priya Vrat Singh & ors. Vs. Shyam Ji Sahai reported in 2008(8) SCC 232, in mind. - 2 - In keeping with the reasonable prayer of the learned counsel for the petitioners and giving the petitioners the liberty as stated above the application is permitted to be withdrawn so as to enable the petitioners to raise all these issues before the trial court at the time of framing of charge. In the event such issues are raised the trial court will dispose of the same in accordance with law keeping in view the decision of the Apex Court in Priya Vrat Singh’s case (supra). Spd/- (Abhijit Sinha, J.)