IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26988 of 1998 1. Vishnu Swaroop Sharma , Son of Late Chandra Babu Sharma, resident of Village- Rampur, Police Station, Jalalabad, District- Shah Jahanpur ( U.P.) 2. Shankar Goswami, Son of Late Beg Raj Goswami, resident of Shukla Road, Satyanarain Temple Lane, Police Station Town, District- Muzaffarpur 3. Shekhar Goswami alias Shekhar Kumar Goswami 4. Sanjay Kumar Goswami 5. Suresh Kumar Gowami 3 to 5 sons of Shankar Gowami. Resident of Shukla Road, Satyanarain Temple Lane, Town Police Station, District-Muzaffarpur --------------- Petitioners. Versus 1. THE STATE OF BIHAR 2. Chandi Prasad,Prof. of Indian Agency , Durga Sthan Gola Road,Muzaffarpur, at present Anugrah Nr.Road,Kadam Kuan, Patna-3 ----------- Opp.Parties. ----------- For the petitioners : Mr. Abhishek Singh, Advocate For the State : Mr. A.M.P.Metha, A.P.P. ----------- 08 30-03-2010 Five petitioners have challenged the order of cognizance dated 31.8.1996 passed by the learned Chief Judicial Magistrate , Patna for offences under Sections 467,468,471,472, 420, 406,408 and 120B of the Indian Penal Code in G.R.No.1060 of 1996 arising out of Kadam Kuan P.S. Case No.132 of 1996. The learned counsel for the petitioners submits that though the petitioners had got no concern with the business affairs of Sushil Kumar Goswami. The petitioners were also made accused by Opp.Party no.2. He further refers to Annexure-2 to the petition. Annexure-2 is an informatory petition, which was filed before the Sub Divisional Magistrate, Muzaffarpur by Sushil Kumar Goswami, who has been arrayed 2 as main accused in the case. After some arguments, learned counsel for the petitioners seeks permission to withdraw this application with a liberty to raise his defence at the stage of charge. Prayer is allowed. Accordingly, the petition is dismissed as withdrawn. However, a liberty is granted to take all pleas, which have been taken in this petition, at the stage of charge. If such petition is filed at the appropriate stage, the court concerned may examine the same in accordance with law without being prejudiced by this order. In this case, by order dated 16.2.1999 case diary/carbon copy of Kadam Kuan P.S. Case No.132 of 1996 (G.R.No.1060 of 1996) was called for and same was received. The original case diary is lying with the record of this case. In view of rejection of this petition, office is directed to remit back the original case diary to the court below forthwith along with copy of this order. NKS/- ( Rakesh Kumar, J)