IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16566 of 2009 1. MOZAHIR MUSTAFA KHAN, SON OF LATE M.A. TAUHID KHAN 2. ASHRAF KHAN @ MD. ASHRAF, SON OF LATE HAFIZUR RAHMAN Both are residents of village – Ahmadpur, P.S. – Rafiganj, District – Aurangabad. ----- Petitioners. Versus THE STATE OF BIHAR --- Opposite Party. ---- 02. 16.11.2010 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 01.03.2008 passed by Chief Judicial Magistrate, Aurangabad, passed in Rafiganj P.S. Case No. 141/2005, G.R.No. 1873/2005, Tr. No. 2985/2008 taking cognizance for the offences under Sections 341, 323, 147, 504, 171(F) of the Indian Penal Code and Section 3(vii)(x) of the S.C. and S.T. (Prevention of Atrocities) Act. After some arguments, learned counsel for the petitioners seeks permission to withdraw this application with a liberty to raise all his points including the submission that there is no material against the petitioners before the trial court at an 2 appropriate stage preferably at the time of hearing on the point of charge, and this case is squarely covered under the decision of the Apex Court in case of Jorgia Pentiah v. State of A.P. reported in 2009(1) BCCR 153(SC). Permission is granted. Accordingly this application stands disposed of as withdrawn. Rajeev/ (Akhilesh Chandra, J.)