IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.12381 of 2009
1.
BALESHWAR YADAV, S/O Malhori Yadav
2.SURENDRA YADAV, S/O Kaleshwar Yadav
Both R/O Village Rangmatiya, P.S. Belhar, District Banka.
………Petitioners
Versus
1.THE STATE OF BIHAR
2.KAVITA DEVI, W/O Sri Singesar Yadav, R/O Village Rangmatiya, P.S. Belhar, District
Banka.
……….Opposite Parties
02/- 28-09-2010 Heard learned counsel for the petitioners and Additional
Public Prosecutor for the State.
This is an application under Section 482 Cr.P.C. seeking
quashing of order dated 17-01-2009 passed by learned Additional
Sessions Judge, Banka in Sessions Case No. 233 of 2003 arising out
of Belhar P.S. Case No. 82 of 1998 refusing the prayer made on behalf
of the petitioners under Section 228 Cr.P.C.
During course of argument, learned counsel for the
petitioner submitted that petitioner no. 2, namely, Surendra Yadav is
now no more and after some argument in spite of trying his level best,
learned counsel for the petitioners seeks permission to withdraw this
application with a liberty to agitate all his points before the trial court
at remaining appropriate stage.
Prayer is allowed.
Accordingly, this application stands dismissed as
withdrawn.
Praveen (Akhilesh Chandra, J.)