IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25872 of 2004 1. KHAWAJA GHOLAM RASUL SON OF LATE KHAWAJA GHOLAM MUSTAFA, AT PRESENT POSTED AS HEAD OF THE DEPARTMENT, SCERT, PATNA. 2. SUNIL KUMAR SON OF SHRI SRIKRISHNA AT PRESENT POSTED AT JOINT SECRETARY, BIHAR INTERMEDIATE EDUCATION COUNCIL, BIHAR, PATNA. 3. CHANDRA MAULI SHARMA SON OF SHRI RAM SAGAR SHARMA, AT PRESENT POSTED AS ASSISTANT IN THE OFFICE OF THE DISTRICT SUPERINTENDENT OF EDUCATION, ARA. ... ... PETITIONERS. Versus 1. STATE OF BIHAR 2. DR. SURJIT SINGH SON OF LATE HARNAM SINGH, RESIDENT OF MOHALLA ABULASH LANE, MACHHUATOLI, POLICE STATION KADAM KUAN, DISTRICT PATNA. ... ... OPPOSITE PARTIES. ---- For the Petitioners : Mr. Rama Kant Sharma,Adv. For the State : Mrs.Indu Bala Pandey,A.P.P. ---- 8. 19.5.2010. Three petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, have prayed for quashing of order dated 8.5.2001 passed by Judicial Magistrate, Ist Class, Patna by which the learned court had taken cognizance of the offence under Sections 177, 167, 218, 408, 409, 420, 467, 468, 471 and 120B of the Indian Penal Code. Petitioners have also prayed for quashing of order dated 31.7.2004 passed by the 5th Additional Sessions Judge, Patna in Cr. Revision No.545 of 2001. By the said order, - 2 - the learned Additional Sessions Judge has affirmed the order of cognizance dated 8.5.2001. In this case, on perusal of the revisional order, it appears that in similar circumstances, other accused persons had preferred a petition before this Court vide Cr. Misc. No.20850 of 2001, which was dismissed. Keeping in view the fact that in an identical situation, case of other accused persons was rejected by this Court, there was no option to this Court but to pass similar order. However, after some argument particularly in view of the rejection of Cr. Misc. No.20850 of 2001, Shri Rama Kant Sharma, learned Senior Counsel appearing on behalf of the petitioners, thought it proper to withdraw this petition so that he may take all the grounds, which have been raised before this Court at the stage of charge. Prayer is allowed. Accordingly, the petition is dismissed as withdrawn with liberty as indicated above. - 3 - N.H./ Let a copy of this order be sent to the court below forthwith. ( Rakesh Kumar,J.)