IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.385 of 2008 PYARE SINGH Versus JANKI DEVI & ORS ----------- 2 15.09.2008 After some arguments counsel for the petitioner seeks permission to withdraw this application in order to avail the remedy under Section 126(2) of the Code of Criminal Procedure. Counsel for the petitioner however, is apprehensive that as he was a waiting the result of this case and the period of three months as provided under Section 126(2) of the Cr. P.C. has already expired, the Court below may not entertain his such application. This court cannot be oblivious of the fact that the petitioner was earlier availing a wrong remedy before this court and has now correctly decided to avail the appropriate as such it has to be noted that the impugned order dated 10.12. 2007 against which an application could have been filed by the petitioner within 90 days before the Court below itself was sought to be assailed by this application by filing the same on 7.3.2008 i.e. within 90 days. That being so, the Court below will consider the prayer for condoning the delay and pass an order in accordance with law. With the aforesaid observations and directions this application is dismissed as withdrawn. Bibhash (Mihir Kumar Jha, J.)