IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29019 of 1999 PRAKASH KUMAR CHOUDHARY son of Late Ashok Kumar Choudhary, resident of Mohalla – Anathalay Road, Katihar, PS Katihar District Katihar ... petitioner Versus 1. STATE OF BIHAR 2. Baby Sah wife of Rajendra Prasad Singh Resident of Colony No.2 (Near Islamia High School) PS Katihar, District Katihar .. ... Opposite Parties ----------- For the petitioner: Mr. Rajiv Kumar Jha, Advocate For the State: Mr. Braj Kishore Prasad, APP For the Complainant: Mr. N. K. Agrawal, Sr. Advocate ----- 5 23-04-2010 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the complainant. Petitioner is aggrieved by order of cognizance dated 29-10-98 passed by Chief Judicial Magistrate, Katihar in complaint case no. 1621/98 under sections 496, 493 and 417 of the Indian Penal Code. He has prayed for quashing of the entire criminal prosecution. After some argument, learned counsel for the petitioner prays to withdraw this application. The prayer is allowed. This application is dismissed as withdrawn. This order shall not prejudice the defence of the petitioner which may be raised before the court below at appropriate stage. BKS/- (Shiva Kirti Singh, J.)