IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13738 of 2009 1.ALOK KUMAR RAI, Son of Hari Narayan Rai 2.VIKASH KUMAR RAI, Son of Tripurari Rai 3.KESHAB RAI @ KESHAB KUAMR RAI, Son of Hari Narayan Rai 4.JHUNJHUN RAI, Son of Sambhu Saran Rai 5.SAMBHU SHARAN RAI, Son of Late Kamla Rai 6.HARI NARAYAN RAI, Son of Late Kapildeo Rai 7.SONU RAI, Son of Sunil Rai All Resident of village Gawchari, P.S. Balther, District West Champaran, Bettiah. …….Petitioners Versus 1.STATE OF BIHAR 2.LALMATI DEVI, Wife of Ram Chandra Paswan, Resident of village Gawchari, P.S. Bather, District West Champaran, Bettiah. …….Opposite Parties 02/- 08-10-2010 Heard learned counsel for the petitioners and Additional Public Prosecutor for the State. This is an application under Section 482 of the Code of Criminal Procedure seeking quashing of order dated 28.2.2009 passed in Sessions Trial No. 621 of 2006 passed by 1st Additional District Judge-cum-Special Judge, Bettiah, refusing the prayer of the petitioners made under Section 227 Cr.P.C. It is submitted by learned counsel for the petitioners that till today trial has not commenced and there is no material to attract provisions of Scheduled Cast & Scheduled Tribes (Prevention of Atrocities) Act - 2 - and also Section 307 of the I.P.C. After some arguments, learned counsels for the petitioners seeks permission to withdraw this application with a liberty to file a fresh application before the court below on basis of a decision of Apex Court in a case of Jorgia Pentiah V. State of A.P. reported in 2009(1) BCCR 153 (SC). Permission is granted. Accordingly, this application stands dismissed as withdrawn. Praveen (Akhilesh Chandra, J.)