IN THE HIGH COURT OF JUDICATURE AT PATNA CR. APP (U/S) No.18 of 2005 SURESH KUMAR PANDEY Versus STATE OF BIHAR & ANR -------------- 6. 19.01.2010 I.A. No. 2650 of 2009 is a petition wherein prayer has been made for withdrawing this appeal (U/S) on the ground that the sole respondent No.2 Shyam Nandan Mishra against whose acquittal this appeal has been filed as respondent No.2 has died on 27.7.2009. Mr. Sidheshwar Prasad Singh, learned counsel for the appellant submits that vide judgment dated 27.8.2004 of the Judicial Magistrate, 1st Class, Patna as passed in complaint case No. 126(C) 2000/Tr. No. 534 of 2004 the respondent No.2 along with two others, namely, Nawnil Kumar Mishra and Sunil Kumar Mishra was tried on charges under Section 323 and 324 of the Indian Penal Code and on conclusion of the trial, the trial court acquitted the respondent No.2 and convicted the other two accused but let them off on probation bond for Rs. 1000/-. Further submission is that it was against the acquittal of respondent No.2 that the appellant had filed SLA No.69 of 2004 and on obtaining leave he has filed this present appeal. The learned counsel also submits that the respondent No.2, Shyam Nandan Mishra has died on 27.07.2009 and thus the appeal abates against him (respondent No.2). In such situation, it is submitted that since the respondent No.2 has died and the appeal stands abated against him, the appellant does not want to prosecute this appeal and seeks permission to withdraw it. Learned counsel for the State has no objection to the prayer. - 2 - In the circumstance, permission for the withdrawal is accorded. Accordingly, this appeal is disposed of as withdrawn. (C.M. Prasad, J.) Ravi/-