IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.53382 of 2007 1. KANHAIYA PRASAD son of Jagdeo Shah, 2. Jagdeo sah @ Jagdev Shah, son of Late Lakhan Shah, 3. Govind Shah, son of Jagdeo Shah & 4. Babli Kumari, daughter of Jagdeo Shah, All Resident of Village- Ramcharantola (Mokama), Police Station- Mokama, Dist. Patna. ...Petitioners Versus STATE OF BIHAR ...OP ----------- For the petitioner : Mr. Bipin Kumar, Advocate For the Informant : Mr. Ajay Kumar Thakur, Advocate & Mr. Ravi Ranjan-I, Advocate ----------- 3/ 14.05.2010 Heard learned counsel for the parties. The petitioners have sought quashing of the order dated 20.1.2005, by which the Additional Chief Judicial Magistrate, Barh, has taken cognizance under sections 302, 328/34 Indian Penal Code as also the order dated 9.10.2007 passed by the Additional Sessions Judge, III, Barh, Patna, in Sessions Trial No. 515 of 2007 arising out of Mokama P.S. case no.52 of 2004. On the last occasion, by the order dated 22.5.2008, case diary was called for and further proceeding was stayed in the meanwhile. However, the opposite party no. 2 has appeared and filed a counter affidavit and brings it to the notice of the court that three witnesses have already been examined during trial and at this belated stage it will not be proper to consider the merits of the case. In view of such, learned counsel for the petitioners seeks permission to withdraw the application so that no observation of this court may prejudice either of the parties. The application is dismissed as withdrawn. Interim order dated 22.5.2008 stands vacated. JA/- (Anjana Prakash, J.)