IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1133 of 2008 Ramashish Yadav @ Ramashish Prasad s/o Late Nuran Yadav, R/o village Paharpur, P.S. Wena District Nalanda. ……….… ……………Petiioner. Versus 1.The State Of Bihar Through the Secretary, Department of Home, Bihar, Patna. 2.The Director General of Police, Bihar, Patna. 3.The Inspector General of Police, Magadh Division,Gaya. 4.The Deputy Inspector General of Police, Magadh Division,Gaya. 5.The District Magistrate, Nalanda. 6.The Superintendent of Police, Nalanda. 7.The Officer-in-charge, Vena P.S. District Nalanda. 8.The Officer -in-charge, Chandi P.S.,District Nalanda. 9.Upesh Kewat son of late Ram Nandan Kewat, R/o village Paharpur, P.S Vena District Nalanda…Respondents. - - - - - - - - - -. 2 24.03.2009 An FIR for offences under Sections 302/34 IPC and 27 of Arms Act was lodged against respondent no.9 and three others. After conclusion of investigation, charge-sheet for offences under Sections 302/34 IPC and 27 of Arms Act was submitted against three others as well as respondent no.9 showing him as absconding accused. The prayer made in this writ application is that the respondent no.9, being a charge-sheeted accused is roaming in the village, but he is not being apprehended by Police. It is also the case of the petitioner that he filed representation before the Superintendent of Police, but no action was taken. Mr. Amresh Kumar, learned A.C. to A.A.G.IV submits that in this case, charge-sheet has already been submitted against respondent no.9 showing him as absconder and now the matter is pending before the concerned Chief Judicial Magistrate. It is further submitted that after submission of charge-sheet, petitioner is required to approach the learned Chief Judicial Magistrate concerned for - 2 - issuance of warrant of arrest as well as process under Sections 82 and 83 Cr.P.C. against respondent no.9 for his apprehension and remanding him in this case so that he may be tried. It is submitted that three accused have already been apprehended and they are on bail. At this stage, learned counsel for the petitioner seeks permission to withdraw this application with liberty to move before the learned Chief Judicial Magistrate for taking coercive steps for apprehension and remand of respondent no.9 Upesh Kewat. Under the circumstances, petitioner is permitted to withdraw this application with liberty to move before the concerned Chief Judicial Magistrate for taking coercive steps for apprehension and remanding of respondent no.9 (Upesh Kewat) in this case. The application is disposed of as withdrawn with the observation that when the petitioner approaches the concerned Chief Judicial Magistrate, the prayer should be considered with all expediency and urgency. Jay/- (C.M.Prasad,J)