IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12159 of 2003 1. JAI PRAKASH SINGH 2. Praneet Kumar @ Praneet Kumar Singh Both sons of Late Raj Kumar Singh, resident of Village- Hakimpur, P.S. Baksama, Police Station-Mahua, District-Vaishali ---------------------------- Petitioners Versus 1. THE STATE OF BIHAR 2. Dwarika Singh, Son of Late Sakhichand Singh, resident of Village- Gaurihar, Police Station-Sakra, District-Muzaffarpur -------------------------- Opp.Parties. ----------- For the petitioners: Sri Saroj Prasad Singh, Advocate For the State: Sri Hriday Prasad Singh, A.P.P. ------------- 07 13-09-2010 After some arguments, learned counsel for the petitioners seeks permission to withdraw this petition with liberty to raise all the points, which have been raised in the present petition or any other points, if available, at the appropriate stage. Learned counsel for the petitioners has stated that the land in question was joint property and the allegation made by the complainant was not true. Learned counsel for the petitioners has referred number of documents, which have been annexed with the present petition.This Court, while hearing a petition under Section 482 Cr.P.C. ,is not obliged to examine those documents. However, Liberty is granted to the petitioners to place all those materials at the stage of charge. Of course, at the stage of charge, it is not required to produce the same, but in the peculiar facts and circumstances of the case, it is necessary to direct the court below to examine the documents and pleas taken by the petitioners at the stage of charge and thereafter pass a reasoned order. Prayer for withdrawal of this application is allowed. 2 Accordingly, the application is dismissed as withdrawn with liberty as indicated above. Accordingly, order of stay dated 9.12.2003 stands automatically vacated. It goes without saying that this Court has not recorded any opinion on merit of the case. It is expected that the learned court below will pass order without being prejudiced with the present order in accordance with law. . NKS/- ( Rakesh Kumar, J.)