Naga Yadav &Amp; Ors vs State Of Bihar &Amp; Anr on 12 July, 2010

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                       Cr.Misc. No.6223 of 2000
                         1.NAGA YADAV son of Sheosaran Yadav
                        2.Budhiya Devi wife of Naga Yadav
                        3.Indradeo Yadav son of Surat Yadav
                        4.Maina Devi wife of Indradeo Yadav
                        5.Hari Shankar Prasad son of Rampati Lal
                          All residents of village-Kowecha, P.S.-Harsidhi,
                           District-East Champaran.
                                       .......              ........ Petitioners
                                          Versus
                        1.STATE OF BIHAR
                         2.Md.Musa, son of late Karmullah Mian
                           Resident of village-Sugauli, P.S.-Sugauli,
                           District -East Champaran
                                       ......         .......Opp. Parties.
                                             ----------

5. 12.7.2010. Mr.Anil Kumar, learned counsel for the petitioners

submitted that the matter was purely a dispute of civil nature and

for such dispute criminal proceeding was not required to be

initiated. However, the learned Magistrate without any material

had proceeded with the present case.

However, after some argument, learned counsel for the

petitioners seeks permission to withdraw this petition to raise all

the pleas which have been taken in the present case and any other

available points at an appropriate stage before court below.

Mr.J.K.Giri, learned counsel appearing on behalf of

opposite party no.2, is present and he has no objection.

Prayer is allowed. The petition is dismissed as

withdrawn with liberty as indicated above.

Md.S.                                                   ( Rakesh Kumar, J.)