IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17396 of 2011 1.DINA NATH MAHTO, Son of Late Hakim Mahto 2.JITENDRA PRASAD, Son of Kapil Deo Mahto Both Residents of Village- Kaurihar, P.S. Raxual, District East Champaran. ........Petitioners Versus 1.THE STATE OF BIHAR 2.NIRGUN MAHTO 3.MAHESH MAHTO 4.NIRMAL MAHTO All Serial Nos. 2 to 4 are Sons of Thakur Mahto, Resident of Village Kaurihar, P.S. Raxaul, District East Champaran. 5.NAND KISHORE PRASAD SARAF, Son of Late Deo Nand Prasad Saraf, Resident of Mohalla Block Road, Raxaul, P.S. Raxaul, District East Champaran. .........Opposite Parties ----------- 02/- 20/05/2011 Heard learned counsels representing the parties. This is an application under Section 482 of the Code of Criminal Procedure, seeking quashing of the order dated 10.02.2011 passed in Case No. 558(M) of 2010 by Sub-Divisional Magistrate, Raxaul, East Champaran in the proceeding under Section 145 of the Code of Criminal Procedure directing the parties to produce the evidence. It is submitted that earlier there was a proceeding between the parties under Section 145 of the Code of Criminal Procedure itself, wherein order was passed in favour of the petitioners side much before. However, after some arguments, learned counsel for the petitioners seeks permission to withdraw this application with a liberty to file an appropriate petition before the court below seeking termination of the proceeding, stating entire details and annexing cogent documents. On such making prayer, the court 2 below shall pass appropriate order after hearing both the sides. Permission is granted. Accordingly, this application stands disposed of as withdrawn. Simultaneously, court below is directed to pass appropriate order within a period of three months from its filing after hearing both the sides in accordance with law. Let a copy of this order be communicated to the court below through FAX at the cost of the petitioners. Praveen/- (Akhilesh Chandra, J.)