IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12815 of 2009 1. DR.BINDESHWAR JHA BINDU, son of late Nandan Jha, resident of village – Aadherpur, P.S. – Ghanshyampur, District – Darbhanga, at present posted Medical Officer, Jandaha, P.S. – Jandaha, District – Vaishali. 2. Dr. Braj Bhushan Bajpayi, son of Sri Bharat Bhushan Bajpayi, R/o – vill. Bihari, P.S. – Jamui, District – Jamui, at present posted Medical Officer, P.M.C.H. Patna. 3. Shashi Bhushan Prasad, son of Sri Kailash Singh, resident of village Shankar Bigha, P.S. – Hodaganj, Islampur, District – Nalanda. ----------- Petitioners. Versus 1. THE STATE OF BIHAR 2. Dr. Arjun Ram, son of Shri Jagdish Ram, at present Referal Hospital, Sandesh, P.S. – Sandesh, District – Bhojpur. ---------- Opposite Parties. ******* For the petitioners : Mr. F.A. Khan, Advocate Mr. Sufiyan, Advocate For the State : Mr. Amarendra Prasad, APP. ****** 03. 12.10.2010 Heard learned counsel for the petitioners 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 26.07.2008 passed by learned Miss Sangeeta, Judicial Magistrate, 1st Class, Ara, in Case no. 2312C/2007 Tr. No. 3306/2008 taking cognizance against the petitioners for the offences under Sections 3(1)(X) of the SC/ST (Prevention of Atrocities) Act. Learned counsel for the petitioners submitted that the case has already been committed to the court of learned Special Judge, where matter is pending for hearing on the point of charge. On this score, learned counsel for the petitioners seeks permission to withdraw this application with a liberty to agitate all his points before learned Trial Court especially in - 2 - view of the decision of the Apex Court in case of Jorgia Pentiah v. State of A.P. reported in 2009(1)BCCR 153(SC). Liberty is granted. Accordingly, this application stands disposed of and the court below shall consider the material and principle enunciated by the Apex Court and pass appropriate order at the earliest. Rajeev/ (Akhilesh Chandra, J.)