IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3447 of 2011 INDRADEO GOPE @ INDRADEO YADAV, Son of Late Shyamal Gope, R/O Village Bhatbigaha, P.S. Deepnagar, District Nalanda. ……..Petitioner Versus THE STATE OF BIHAR ………Opposite Party ----------- 02/- 09-02-2011 Heard learned counsel for the petitioner and Additional Public Prosecutor for the State. This is an application seeking restoration of Cr. Misc. No. 16336 of 2009 dismissed for non-prosecution vide order dated 10.11.2010. The aforesaid application was filed under Section 482 of the Code of Criminal Procedure, seeking quashing of order dated 20.04.2009 passed by Additional Sessions Judge, F.T.C. No. Vth, Biharsharif (Nalanda) in Sessions Trial No. 360 of 2007 refusing the prayer under Section 227 of the Code of Criminal Procedure of the petitioner. After some arguments, learned counsel for the petitioner seeks permission to withdraw this application with a liberty to agitate all his points before the trial court, who shall proceed expeditiously with the trial and preferably dispose it of within a period of one year from its commencement and the informant who is said to be not an eye-witness of the case may preferably be first prosecution 2 witness. The prayer of learned counsel for the petitioner is accepted. With the above liberty, this application stands disposed of. Praveen/ ( Akhilesh Chandra, J.)