CRIMINAL MISCELLANEOUS No.6217 OF 2000 ---- In the matter of an application under Section 482 of the Code of Criminal Procedure,1973. ---- RAM CHANDRA SINGH SON OF LATE RAJ NARAYAN SINGH AT PRESENT POSTED AT SINHA OUTPOST, P.S. BARHARA, DISTRICT BHOJPUR(ACCUSED). ... ... PETITIONER. Versus 1. THE STATE OF BIHAR 2. VIJAY CHANDRA PATHAK, SON OF LATE RAM NATH PATHAK, MOHALLA SHITAL TOLA, P.S. ARRAH (TOWN), DISTRICT BHOJPUR. ... ... OPPOSITE PARTIES. ---- For the Petitioner : Mr. Yogesh Chandra Verma, Sr.Adv. For O.P. No.2 : M/S Manan Kumar Mishra, Sr.Adv. Radha Mohan Pathak,Adv. For the State : Mrs.Indu Bala Pandey, A.P.P. ---- P R E S E N T THE HON'BLE MR. JUSTICE RAKESH KUMAR ---- Rakesh Kumar,J. The sole petitioner, in the present case, had challenged the order of cognizance dated 17.7.1999 passed by Sri G.K. Roy, Judicial Magistrate, Ist Class, Arrah in Complaint Case No.731 of 1998/Trial No.32 of 2000. By the said order, the learned Magistrate has taken cognizance of offence under Sections 167, 330, 385, 342, 323 and 500 of the Indian Penal Code. 2. At the very outset, learned Senior counsel Shri Yogesh Chandra Verma appearing on behalf of the petitioner, has raised an objection point that in absence of 2 prosecution sanctioned order, the learned Magistrate was not required to proceed with the complaint case. It was submitted that petitioner was a police officer and while discharging his duty, he had arrested the complainant on the basis of a warrant of arrest issued by a competent court. 3. In this case, Shri Manan Kumar Mishra, learned Senior Counsel appears on behalf of opposite party no.2. 4. However, after some argument, learned counsel for the petitioner seeks permission to withdraw this petition with liberty to raise all the points, which have been raised in the present case as well as any other point, if available at appropriate stage. Prayer is allowed. 5. This application is dismissed as withdrawn with liberty as indicated above. 6. In view of rejection of this petition, interim order of stay dated 15.3.2000 stands automatically vacated. 7. It is made clear that this Court has not recorded any opinion on the merit of the case and this order may not prejudice either of the party at subsequent stage. 3 8. Let a copy of this order be sent to the court below forthwith. ( Rakesh Kumar,J.) PATNA HIGH COURT Dated 14.7.2010 N.A.F.R./N.H.