IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.450 of 2011 RAM SAKAL BIND Versus THE STATE OF BIHAR ------- 02. 12.01.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This is an application seeking restoration of Cr. Misc. No. 15764 of 2009 dismissed for non-prosecution vide order dated 08.11.2010. It is submitted by learned counsel for the petitioner that due to some unavoidable circumstances, immediately on call, he failed to participate in the hearing. Though, learned counsel as submits that soon after dismissal he appeared. It is further contended that the original application under section 482 of the Code of Criminal Procedure was preferred seeking quashing of order dated 08.08.2008 passed by Chief Judicial Magistrate, Gaya, in Civil Lines Police Station Case No. 61/1997 vide G.R. No. 1122/1997, Tr. No. 1628/2008 through which supplementary final form submitted by the Investigating Officer on - 2 - 17.01.2005 was not accepted. Rather, the case was fixed for commitment. It is also submitted that petitioner has taken plea of alibi and at the time of hearing on the matter of bail, there was an order of this court to investigate on such plea only thereafter further investigation on the plea taken by the petitioner was conducted and final form was submitted. But, undisputedly before order of this court in bail application on submission of charge sheet, cognizance was taken and in this 14 years old case, matter was kept pending for commitment which has already now been done, as submitted. Taking into consideration all such aspects, learned counsel for the petitioner with a liberty to raise all the points before the trial court at the time of hearing on the point of charge seeks permission to withdraw this application for restoration of earlier criminal application. Liberty is granted. Accordingly, this Restoration Application stands disposed of with the aforesaid liberty. At the same time, it is further made - 3 - clear that in case after hearing the parties trial has already commenced, such plea may only be considered at an appropriate stage. Rajeev/ (Akhilesh Chandra, J.)