IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12774 of 2009 CHANDRIKA RAI @ CHANDRIKA PRASAD SINGH, Son of Sri Ram Badan Rai, Resident of Village Sirsi, P.S. Bibhutipur, District Samastipur. ……..Petitioner Versus THE STATE OF BIHAR …….Opposite Party 02/- 30-09-2010 Heard learned counsel for the petitioner and Additional Public Prosecutor for the State. This is an application under Section 482 of the Code of Criminal Procedure, seeking quashing of order dated 2.2.2006 passed by learned Sub-Divisional Judicial Magistrate, Dalsingsarai in Ujiarpur P.S. Case No. 43 of 1997 taking cognizance for the offence under Sections 302, 394 of the Indian Penal Code and 27 of the Arms Act. Initially, learned counsel for the petitioner tried to submit that this case instituted against unknown. Petitioner’s name allegedly emerged during investigation, but there is absolutely no material against him and statements are varying from stage to stage. However, after some arguments, learned counsel for the petitioner seeks permission to withdraw this application with a liberty to agitate all his points before the trial court at the time of hearing on the point of charge, if trial is yet to be commenced. Permission is granted. Accordingly, this application stands dismissed as withdrawn. Praveen ( Akhilesh Chandra, J.)