IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32525 of 2006 SIDDHARTH KISHORE SINGH @ DIPU SINGH, SON OF SRI RATNESHWAR PRASAD SINGH, RESIDENT OF VILLAGE AND P.O. GANGAPUR, P.S. MUSHARI GHARARI, DISTRICT SAMASTIPUR, MANAGING DIRECTOR OF M/S. MAHABIR ENTERPRISES PVT. LIMITED, HAVING ITS REGISTERED OFFICE AT VILLAGE & P.O. GANGAPUR, P.S. MUSHARI GHARARI DISTRICT SAMASTIPUR. Versus 1. STATE OF BIHAR 2. MD. USMAN, S/O LATE MD. RIYASAT, R/O MALTI SHEIKHTOLI, P.O. BHAGWANPUR DESRA, P.S. UJIYARPUR, DISTT. SAMASTIPUR. ----------- 6. 4.3.2010. Heard Mr. Mukesh Kumar Thakur, learned counsel for the petitioner and learned counsel for the State. Learned counsel for the petitioner, while challenging the order of cognizance, submits that the order is without jurisdiction due to the reason that the claim, which has been raised by the farmers, can be decided in appropriate proceeding under the Bihar State Regulation of Cold Storage Act,1992 and on this ground, he has challenged the order of cognizance. He further submits that even in the entire case diary, nothing has been brought on record to suggest that there was entrustment and it was a case of any cheating. This Court, while exercising power - 2 - N.H./ under Section 482 Cr.P.C., may not examine all those materials which have been collected during investigation. These things can be looked into by the concerned court at appropriate stage. After some argument, learned counsel for the petitioner seeks permission to withdraw this application with a liberty to raise all these points at appropriate stage and if such petition is filed, the court below, without being prejudiced with this order, may examine the petition and pass appropriate order in accordance with law. Permission is allowed. Accordingly, this petition is dismissed as withdrawn. ( Rakesh Kumar,J.)