IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3445 of 2011 GANESH PRASAD AND ORS. Versus THE STATE OF BIHAR & ANR. ----------- 02/- 02-02-2011 Heard learned counsel for the petitioners and Additional Public Prosecutor for the State. This is an application seeking restoration of Cr. Misc. No. 17384 of 2009 dismissed for non- prosecution vide order dated 23.11.2010. The aforesaid application was filed seeking quashing of order dated 23.01.2009 taking cognizance by Sri B.N. Mishra, Judicial Magistrate, Ara in Protest Complaint Case No. 2096(C) of 2008/Trial No. 3139 of 2009. During course of arguments, learned counsel for the petitioners who tried to impress upon the court that for the offence of same day, in the case instituted at his instance, i.e. Koilwar P.S. Case No. 106 of 2008, charge-sheet was submitted, whereas in the case instituted on behalf of other side bearing Koilwar P.S. Case No. 106 of 2008, on the basis of complaint case, police submitted final form, wherein protest petition was filed and on recording statement on behalf of complainant side, cognizance has been taken. Till today matter is proceeding before charge. 2 Considering the facts and circumstances, this application stands disposed of with a liberty to the petitioners to agitate all the points before the court below after participating in the proceeding on hearing on the point of charge. Praveen/- ( Akhilesh Chandra,J.)