IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13211 of 2009 1. SHRI DEO NARAYAN JHA Son of Late Ghuran Jha 2. Smt. Rama Devi W/o Shri Deo Narayan Jha Both resident of Village- Shrikhandi Bhitha, P.S.-Sursand, District-Sitamarhi. ------------Petitioners Versus 1. THE STATE OF BIHAR 2. Smt. Kali Devi Wife of Deo Narayan Jha, resident of Village- Shri Khandi Bhitha, P.S.-Sursand, District-Sitamarhi ------------Opposite Parties. ----------- 2. 05.10.2010 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This is an application seeking quashing the order dated 7.1.2009 passed by Sri P. K. Shrivastava, S.D.J.M. Pupri at Sitamarhi in Complaint Case No. C1 69/06 Tr. No. 699 of 2008. After some arguments learned counsel for the petitioners seek permission to withdraw this application with a liberty to file application seeking recall of the witnesses examined in the earlier filed Complaint Case No. C1 228 of 2005 which appears amalgamated with subsequently filed Complaint Case No. C1 69 of 2006 in the light of earlier order of this Court dated 11.1.2008 in Cr. Misc. No. 33537 of 2007. The Trial Court shall consider the prayer 2 if made on its own merits and dispose it of in accordance with law after hearing the parties. Anand Kr. ( Akhilesh Chandra, J.)