IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46583 of 2007 1 .ASHUTOSH KUMAR @ ASHUTOSH KUMAR ABHAY son of late Ram Narayan Sharma, resident of Chandmari Road, P.S.-Kankarbagh, Dist.-Patna. 2.Ramanuj Pandey, son of Narsingh Pandey, resident of Abat Khoire, P.S.-Obra, Dist.-Aurangabad. Versus 1.STATE OF BIHAR 2.Sri Sanjay Kumar son of late Ram Singh, resident of mohalla-Lohianagar, P.S.- Town, Dist.-Begusarai. ----------- 7. 15.3.2010. Heard Mr.Banwari Sharma, learned counsel for the petitioners. The petitioners have prayed for quashing of Complaint Case No.31C of 2005, Tr. No.1077 of 2005 pending in the court of Judicial Magistrate, Ist Class, Begusarai. By order dated 1.5.2006 the learned Magistrate, Ist Class, Begusarai, has taken cognizance for the offences under sections 323, 342 and 379 of the Indian Penal Code. Learned counsel for the petitioner, after some argument, makes a prayer to withdraw this petition to file an appropriate petition with a liberty to raise all the points before the court below. Prayer is allowed. The petition is dismissed as withdrawn. If such a petition is filed, the court below may examine the same on its own merit without being prejudiced by the order of this court. Since the petition has been dismissed as withdrawn, the earlier order of stay of proceeding in Complaint Case No.31C of 2005, Tr. No.1077 of 2005 automatically stands vacated. Let this order be communicated to the court below 2 forthwith. Md.S. ( Rakesh Kumar, J.)