IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.12464 of 2009
AYUB KHAN, Son of Kamrul Haque, R/O Village Gyaspur, P.S. Siswan, District Siwan.
………Petitioner
Versus
THE STATE OF BIHAR
……Opposite Party
03/- 30-09-2010 Heard learned counsel for the petitioner 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 5.1.2009 passed by Chief Judicial Magistrate, Siwan
in Pachrukhi P.S. Case No. 99 of 2004 taking cognizance
for the offences under Sections 302, 307, 326, 353, 414/34
of the Indian Penal Code and 25(1-B) A, 26/27 of the Arms
Act.
Initially, main contention of the learned counsel for
the petitioner was that petitioner was neither named in the
case nor there is any possibility of involvement of any
person other than named and there is also no material
against petitioner brought during investigation.
However, taking into consideration that case
before the court below is ready for hearing on the point of
charge, learned counsel for the petitioner seeks permission
to withdraw this application with a liberty to agitate all his
-2-
points before the trial court, who shall consider the materials
and pass appropriate order in accordance with law.
Permission is granted.
Accordingly, this application stands dismissed as
withdrawn.
Praveen (Akhilesh Chandra, J.)
