IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35954 of 2004 1. NAGESHWAR PRASAD 2. Md. Khalid Alam Butto 3. Nayeb Ali, 4. Sk. Shahnawaz Raza. -Petitioners Versus The STATE OF BIHAR -Opp.Party _____ For the Petitioners : Mr. Khursheed Alam For the State : Mr. Damodar Pd. Tiwary, APP 4 02.08.2010 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This is an application under Section 482 of the Code of Criminal Procedure seeking quashing of order dated 29th April, 2004 passed in Complaint Case no. 1112 C of 2003 by Sri B.K. Mishra, Judicial Magistrate, first class, Biharsharief at Nalanda, taking cognizance for the offences under Sections 196, 203, 465, 466, 469 and 471 of the Indian Penal Code. After some arguments, it is detected that complainant has not been made party to the proceeding here and after lapse of six years, at this stage, this court is not inclined to accept the prayer made by petitioners to implead 2 the complainant as opposite party no.2 here and start afresh from the stage of issuing notice etc. The petitioners have a right to assert the legal issue as regards to maintainability of the complaint etc. at the time of hearing on the point of charge. The learned counsel seeks permission to withdraw this application with a liberty to agitate the points before the court below by filing a detailed petition seeking discharge. The court below shall pass appropriate order in accordance with law at the earliest without being prejudiced of instant withdrawal. This application stands disposed of accordingly. (Akhilesh Chandra, J.) AAhmad