JUDGMENT

Shree Chandrashekhar, J. - Mr. Zaid Ahmad, the learned counsel appears for O.P. No.2

2. The petitioners seek quashing of order dated 23.07.2018 by which cognizance of the offence under sections 323, 341, 504 r/w 34 IPC and under section 3(1)(r)(s) of SC/ST (Prevention of Attrocities) Act, 1989 has been taken.

3. Contention raised on behalf of the petitioner is that investigation in Rajnagar P.S. Case No.55 of 2017 has been conducted by an officer below the rank of Deputy Superintendent of Police and while so, the entire proceeding has vitiated. Another ground taken by the petitioners is that the ingredients for the offence under section 3(1)(r)(s) of SC/ST (Prevention of Attrocities) Act, 1989 are not present and no material has been collected during the course of investigation which would prima-facie establish that the petitioners have committed offence punishable under section 3(1)(r)(s) of SC/ST (Prevention of Attrocities) Act, 1989.

4. After arguing for sometime, the learned counsel for the petitioners seeks permission to withdraw this quash-petition with liberty to the petitioners to raise the aforesaid plea and any other plea which may be available to them in law by f