IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16973 of 2010 SHIV PURARI TIWARY . Versus STATE OF BIHAR . ----------- 02/ 29.09.2010 In compliance of the order dated 6.9.2010 all matters directed to be heard analogous with Cr.W.J.C. No. 198 of 2010, such as Cr. Revision No. 382 of 2009 and Cr. Misc. No. 16973 of 2010 have been placed. Criminal Revision No. 382 of 2009 has been preferred by Paramjit Singh, owner of the truck against the order dated 24.1.2009 passed in Barachatti P.S. Case No. 302 of 2008, whereby S.D.J.M., Sherghati has directed for release of the truck bearing Registration No. PB11U-9409, Chassis No. 426010LXZ123141, Engine No. 20L62245789 in favour of Shivpurari Tiwary. Further prayer of Paramjit Singh is for a direction to release the truck in his favour. Cr. Misc. No. 16973 of 2010 has been filed by Shivpurari Tiwary (Respondent No. 5 in Cr.W.J.C. No. 198 of 2010). The prayer of Shivpurari Tiwary in the Cr. Misc. application is for quashing of the order dated 7.4.2010 passed by S.D.J.M., Sherghati in the same case i.e. Barachatti P.S. Case No. 302 of 2008 allowing the petition filed by the Investigating Officer of Barachatti P.S. Case 2 No. 302 of 2008 to re-examine the truck bearing Registration No. BR 2J – 0614 and for that a notice has been issued to Shivpurari Tiwary for producing the truck before the S.D.J.M., Sherghati. The S.D.J.M. has passed the order dated 7.4.2010 on the petition filed by the Investigating Officer of Barachatti P.S. Case No. 302 of 2008, in the light of the direction of this Court dated 9.8.2010. By this order the Officer-in-charge –cum- Investigating Officer of Barachatti P.S. Case No. 302 of 2008 was directed to further investigate in the matters of the issuance of release of owner book in favour of Shivpurari Tiwary and also to take steps for cancellation of order relating to release of truck, issued in favour of Shivpurari Tiwary. The S.D.J.M., in view of the order passed by High Court, passed an order directing Shivpurari Tiwary to produce the truck before the court of S.D.J.M., Sherghati. In compliance of the direction of S.D.J.M., Sherghati as well as order dated 9.8.2010 passed by High Court, the Respondent No. 5, Shivpurari Tiwary, instead of producing the truck before the court of S.D.J.M., Sherghati, has challenged it by filing Cr. Misc. No. 16973 of 2010. However, counsel appearing for Shivpurari 3 Tiwary (Respondent No. 5 in the Cr. Writ application) submits before this Court that he may be permitted to withdraw Criminal Miscellaneous Application No. 16973 of 2010 since he is not interested in pursuing it. It is informed by the counsel appearing for Shivpurari Tiwary that he will produce the truck bearing Registration No. BR 2J - 0614 before the concerned court in compliance of the direction of this Court, within one week from today. The prayer of Shivpurari Tiwary regarding withdrawal of Cr. Misc. No. 16973 of 2010 is allowed with the condition that within one week from today he will produced the truck before the S.D.J.M., Sherghati in connection with Barachatti P.S. Case No. 302 of 2008. Cr. Misc. No. 16973 of 2010 is dismissed as withdrawn. DKS/ (Mridula Mishra, J.) (Dharnidhar Jha, J.)