IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52861 of 2007 JAI NARAYAN SINGH @ JAI NARAYAN MAHTO, SON OFLATE GANPATI SINGH, RESIDENT OF VILLAGE – MOTIPUR, P.S. TAJPUR, DISTT. SAMASTIPUR. ------ PETITIONER Versus 1. STATE OF BIHAR 2. HARICHARAN MAHTO, SON OF KARIMAHTO, RESIDENT OF VILLAGE HARPUR PUSSA, P.S. TAJPUR, DISTT. SAMASTIPUR ------- OPPOSITE PARTIES. ----------- For the petitioner : Mr. Manoj Kr. Singh, Advocate Mr. Dilip Kr. Roy, Advocate Mr. Brajesh Kr. Pandey,Advocate For the State : Mr. C. Jawahar, A.P.P. For the Opposite Party No. 2 : Mr. Vikas Mohan, Advocate. ----------- 3. 09/04/2010 Heard The petitioner seeks quashing of the order dated 18.3.2007 passed by the Chief Judicial Magistrate, Samastipur, in Tajpur P.S. Case No. 289 of 2006 by which he has taken cognizance under Sections 364/34 of the Indian Penal Code. On the last occasion, the opposite party No. 2 was noticed by an order dated 10.2.2009 and he has appeared. It has been brought to the notice of the Court that after the impugned order, there has been substantial progress in the trial and even charges have been framed. The Counsel for the petitioner at this stage, prays for withdrawal of the application to pursue his remedy before the court below. In view of such, the application is permitted to be withdrawn. S.Ali (Anjana Prakash, J.)