IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12640 of 2008 1.DEVTA NAND PANDEY son of Narayan Pandey 2.Surendra Pandey son of Devta Nand Pandey 3.Prem Bhusan Pandey son of Nathuni Pandey 4.Vikash Pandey @ Bablu son of Ramesh Pandey All resident of village-Baithania Tola, Mathia Brit, P.S.-Majhaulia, Dist.-West Champaran. ……. …... Petitioners Versus 1.STATE OF BIHAR 2.Akhileshwar Pandey son of Krishna Mohan Pandey, Resident of Baithania Tola, Mathia Brit, P.S.- Majhaulia, Dist.-West Champaran. ….. …..Opp. Party. ----------- 2. 21.6.2010. Heard Mr. Y.V.Giri, learned senior counsel appearing on behalf of the petitioners and Mr. A.M.P.Mehta, learned A.P.P. for the State. The petitioners have challenged the order dated passed by F.T.C.-IV, West Champaran, Bettiah in S.T.R. No.163 of 2006 arising out of Majhaulia P.S. Case No.415 of 2004. By the said order the learned court has rejected the petition filed on behalf of four petitioners under section 228 of the Code of Criminal Procedure. A petition before the Sessions Court was filed with a plea that there was no material to indicate that offence under section 307 of the Indian Penal Code was made out and, accordingly, it was prayed that since the case is triable by a Magistrate, the case may be sent back to the Magistrate for trial. Mr. Y.V.Giri, learned senior counsel appearing on behalf of the petitioners, has referred to typed copy of the injury report which has been annexed as annexures- 4, 4/A and 5 to the 2 petition. It was argued that the doctor has found only one grievous injury that too not on vital part. It was also argued that the police has submitted charge sheet for the offences which were triable by a Magistrate. However, the learned Magistrate has taken cognizance of the offences under section 307 and other sections of the Indian Penal Code and thereafter the case was committed to the court of Sessions. After some argument, learned counsel for the petitioners, seeks permission to withdraw this petition to raise all the pleas at an appropriate stage. With liberty, as indicated above, the petition is dismissed as withdrawn. Md.S. ( Rakesh Kumar, J.)