IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25626 of 2006 1. JALDHARI DAS S/O LATE DOMAN RAI. 2. GANAUR DAS ALIAS NAND KISHORE DAS. 3. MUNNA DAS ALIAS RANJEET DAS. BOTH SONS OF JALDHARI DAS. ALL R/O VILLAGE MUSAPUR BANGRA, TAJPUR ROAD, P.O & P.S. AND DISTRICT- SAMASTIPUR. --PETITIONERS Versus 1. THE STATE OF BIHAR 2. MAHANTH LAXMAN RAI, S/O SRI JAGESHWAR RAI, PUJARI KALI MANDIR, TAJPUR ROAD, P.O. & P.S. SAMASTIPUR, DISTRICT- SAMASTIPUR. 3. HARI NARAIN CHOUDHARY, S/O LATE NIRSU CHOUDHARY, RE/O MOHALLA BENGALI TOLA, WARD NO.20, P.S. TOWN SAMASTIPUR, DISTRICT-SAMASTIPUR. --OPP.PARTY For the Petitioners : M/s Ajay Kr. Mathur, Satya Nand Shukla & Braj Kishore Kumar Mishra For the State : Mr. Amaendra Prasad, APP For Opp.Party No.2 : M/s A.P.Sahay & & 3 Sunhankar Sharma 13 06.10.2010 Supplementary affidavit has been filed stating death of petitioner no.1, Jaldhari Das. The affidavit has been sworn by his son, petitioner no.3. In view of above, let name of petitioner no.1, Jaldhari Das, be deleted from the category of petitioners. Heard learned counsel for the petitioners, 2 AAhmad/ learned Additional Public Prosecutor for the State and Learned counsel appearing on behalf of opposite party no.2 and 3. This is an application under Section 482 of the Code of Criminal Procedure seeking quashing of order dated 29th May, 2006 passed by Sri K.P. Rana, Judicial Magistrate, first class, Samastipur in G.R. no. 402 of 2006 / Tr. No. 2441 of 2006 taking cognizance for the offence under Sections 341, 323, 504 and 379 of the Indian Penal Code. After some exhaustive arguments learned counsel for the petitioners seeks permission to withdraw this application with a liberty to agitate all his points before the trial court at appropriate stage preferably at the time of hearing on the point of charge. Permission is granted. This application stands disposed of with the above liberty and observation. The court below shall pass appropriate order without being prejudiced of instant disposal which is not on merit. (Akhilesh Chandra, J.) 3