IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.373 of 2009 SANJAY KUMAR Versus STATE OF BIHAR & ORS ----------- 5/ 24.07.2009 We have heard counsel for the petitioner and counsel for the state. A preliminary objection has been raised on behalf of the state that the petitioner has an adequate alternative efficacious and expeditious remedy available under section 97 of the Code of Criminal Procedure, 1973, in respect of the grievance sought to be raised in the present writ petition. Learned counsel for the petitioner, in that view of the matter, prays for leave to withdraw the writ petition, to enable the petitioner to pursue his remedies under section 97 of the Code of Criminal Procedure before the appropriate forum. The writ petition is permitted to be withdrawn with the liberty as aforesaid. It is made clear that we have not gone into the merits of the matter and the withdrawal of the present writ petition shall not prejudice in any manner, any application preferred by the petitioner under section 97 of the Code of Criminal Procedure which shall have to be decided by the appropriate authority in accordance with law and the procedures prescribed. Anil/ (Navin Sinha, J.) (Dharnidhar Jha, J.)