IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.576 of 2009 Md. Shamim son of late Noor Mohammad resident of Village/ Mohalla:- Ward No. 8, Purani Bazar, P.S. District: Madhepura …………..Petitioner Versus 1. State Of Bihar 2. Md. Shamshul Son of Md. Jabar, resident of village: Sahugardh Dudh Ram Tola, P.S. Madhepura, District- Madhepura ………..Opposite Parties ----------- 4 08.09.2011 Learned counsel for the petitioner is permitted to make correction regarding the nomenclature of the parties. Heard learned counsel for the petitioner and the learned counsel for the opposite party No. 1 & 2. The informant petitioner has preferred this revision application under Section 53 of the Juvenile Justice (Care and Protection of Children) Act, 2000 against the order dated 18.08.2008 passed by the learned Sessions Judge, Madhepura in Cr. Revision No. 158 of 2007 by which the order dated 31.07.2007 passed by the learned Juvenile Justice Board in Madhepura P.S. Case No. 184 of 2006 has been affirmed and the revision application has been dismissed. After some argument the learned counsel for the petitioner seeks permission to withdraw this application with liberty to file Criminal Appeal under Section 52 of the aforesaid Act. The learned counsel for the opposite party has got no objection. It is an admitted fact that the Juvenile Justice (Care and Protection of Children) Act, 2000 is a special enactment in which there is provision of appeal under Section 52 of the Act and person subject to the provision of the Section can file appeal against the order made by a 2 competent authority under this Act, but the petitioner has preferred criminal revision which was not in accordance with law. The learned counsel for the opposite parties has got no objection if the petitioner files appeal after withdrawing this application. The prayer is allowed. This petition is permitted to be withdrawn. The impugned order dated 18.08.2008 passed in Cr. Revision No. 158 of 2007 will not come in the way of the appeal and the appeal will be considered on its merit. This petition stands disposed of. Let a copy of this order be sent to the Court below through fax at the cost of the petitioner. Saif/- (Amaresh Kumar Lal, J.)