IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.57062 of 2007 Paramjeet Singh Kalra, son of Sardar Singh Kalra, resident of Gurudwara Road, PS Kotwali, District Gaya – petitioner. Vs. 1. The State of Bihar, 2. Kulwinder Kaur, wife of Jashbinder Singh, resident of Gurudwara Road, PS Kotwali, District Gaya – opp. parties. 2 8.4.2010 Heard learned counsel for the parties. This application has been filed for quashing the order, dated 1.9.2007 passed by the Judicial Magistrate, Ist Class, Gaya in Kotwali Ps Case No. 162/2004. Learned counsel for the petitioner submits that the petitioner has died during the pendency of the proceeding. It is a case under section 365 of the Penal Code. The court below should confirm this fact by calling a report from the concerned police station and thereafter drop the proceeding. This application is permitted to be withdrawn on the oral submission made at the bar by Mr. Rashid Izhar, counsel for the petitioner. This order is being passed in presence of Mr. N.A. Shamsi, counsel for opposite party no.2. haque (Sheema Ali Khan, J.)