IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33855 of 2007 SURYA NARAYAN CHOUDHARY Versus STATE OF BIHAR & ANR ----------- 8 10.12.2009. The instant application has been filed for quashing order taking cognizance dated 22.8.2005 for offence under sections 467,468,420 & 120B I.P.C. against the petitioner in Hajipur Town Police Station case no. 533/04, GR No. 3202/04, Tr.No. 1170/07). The petitioner assailed the aforesaid order on the ground that the case in hand is of civil nature and even police on conclusion of investigation stated the same. Opp party no.2 submits that the court is entitled to differ with the police opinion and to take cognizance of the offence. One of the co-accused Rajiv Prasad Rai has filed revision application bearing revision no. 196/2005 in the court below in which notice has been issued. In view of the above, the instant cr.misc.case is permitted to be withdrawn with liberty to the petitioner to file revision application which would be tagged with aforesaid revision application. In case, any stay is operating in the above revision application, the same would also be operational in this case also. Shashi. (Samarendra Pratap Singh,J.)