Criminal Miscellaneous No.29932 OF 1999 ------ In the matter of an application under section 482 of the Code of Criminal Procedure. ------ 1.LALAN SINGH 2.Pawan Singh Both sons of Charitra Singh 3.Devendra Singh son of Bhaso singh 4.Randhir Singh son of Ram Charitra Singh 5.Shankar Singh son of Devendra Singh 6.Jitendra Singh @ Pinku @ Jitendra Kumar (Pinku Singh) son of Devendra Singh 7.Sudhir Singh son of Ram Charitra Singh 8.Niraj Singh son of Mathura Singh 9.Mathura Singh son of Late Nathuni Singh 10.Binod Singh son of Mathura Singh 11.Deo Nandan Singh @ Mano Singh son of late Rajo Singh All residents of village-Chaurahi, P.S.-Halsi District-Lakhisarai …… ……..Petitioners Versus 1.STATE OF BIHAR 2.Pramod Kumar Sharma son of Bal Krishna, resident of village-Chaurahi P.S.-Halshi, Dist.-Lakhisarai ….. ….Opp. Parties ------- For the petitioners: Mr.Devendra Prasad Singh & Mr.Kamlesh Kumar Sharma. For the State : Mrs. Indu Bala Pandey, APP ------- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR ----- Rakesh Kumar,J. After some argument learned counsel for the petitioners seeks permission to withdraw this petition with liberty to raise all these points which have been taken in the present petition at the stage of charge. 2. The defence which has been taken in the present petition, of course, requires to be seen during the trial but in the facts and circumstances of the present case, it is desirable to direct the court below to examine such plea in accordance with law even 2 at the stage of charge. The petitioners are allowed to bring certain materials before the court below to show that title and possession over the land in question is of the petitioners. 3. Prayer is allowed. The petition is dismissed as withdrawn with the above observation and direction. 4. It is made clear that if such a petition is filed by the petitioners at the stage of charge, it is expected that the learned Magistrate will examine the same and will pass order in accordance with law. Even at the stage of charge, the learned Magistrate will examine the claim of the petitioners in respect of their title and possession over the land in question. 5. In view of the rejection of this petition, the interim order of stay dated 21.2.2000 stands automatically vacated. 6. In this case lower court records were received and are lying with the present case. 7. In view of rejection of the present petition, the office is directed to send back the lower court records along with a copy of this order forthwith. Patna High Court The 5th May, 2010 NAFR/Md.S. ( Rakesh Kumar, J.)