IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40758 of 2010 PRAMOD KUMAR SINHA, Son of Gauri Shankar Sinha, Resident of Village Mohammadpur, at present AShok Nagar Pokharia, P.S. Town, District Begusarai. ........Petitioner Versus THE STATE OF BIHAR ......Opposite Party ----------- 02/- 01-12-2010 Heard learned counsel for the petitioner and Additional Public Prosecutor for the State. This is an application seeking restoration of Cr. Misc. No. 13513 of 2009 dismissed for non-prosecution vide order dated 08.10.2010. Said application was filed under Section 482 of the Code of Criminal Procedure seeking quashing of order dated 13.02.2009 passed by Chief Judicial Magistrate, Begusarai in Begusarai Town P.S. Case No. 123 of 2008; G.R. No. 1370 of 2008 taking cognizance for the offence under Section 377 of the Indian Penal Code. After some arguments, learned counsel for the petitioner seeks withdrawal of this application for restoration with a liberty to agitate all his points before the trial court at appropriate state preferably at the time of hearing on the point of charge, if trial is yet to commence. Permission is granted. Accordingly, this application stands disposed of. Praveen ( Akhilesh Chandra, J.)