Heard learned counsel for the petitioner and learned APP for the State.

2. This quashing application under Section 482 Cr. P.C. has been filed against the order dated 14.9.1985 by which cognizance was taken and order dated 14.4.2003/ 16.4.2003 passed in Kotwali P.S. Case No.433/85, whereby and whereunder learned Sub-divisional Judicial Magistrate, Ranchi refused to drop the proceeding of the case.

3. Prosecution case in brief is that a case was instituted against the petitioner for violation of the provisions of Bihar Essential Commodities Act, 1977. After institution of the case the petitioner and his father file a anticipatory bail, which was granted and thereafter in the preliminary stage of investigation the petitioner filed Cr. Misc. No. 4303/85(R) but on 8.12.1988 the petitioner withdrew the application with liberty to raise the points before the trial court and at the time of trial the points were raised but learned court below considered those points and rejected the petition.

4. Learned counsel appearing for the petitioner has assailed the order on several ground. Learned counsel pointed out that although the petitioner had earlier withdrawn the application but a subsequ