IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41433 of 2006 AWADHESH PANDEY, Son of Late Darbari Pandey, Resident of Village Prakashpuri, Shital Tola, P.S. Ara Town, District Bhojpur. ………Petitioner Versus 1.THE UNION OF INDIA, Through the Commissioner, Income Tax, Patna. 2.GOPALJI RAM, Income Tax Officer, Ward No. 1, Ara Town, P.S. Ara, District Bhojpur. …….Opposite Parties ----------- 04/- 26-11-2010 Heard Sri Akhileshwar Prasad Singh learned counsel for the petitioner, Sri Rishi Raj Sinha learned counsel for the Revenue and Additional Public Prosecutor for the State. This is an application seeking quashing of order dated 06.01.2006 passed by learned Special Judge, Economic Offence, Patna in Complaint Case No. 1 of 2006 taking cognizance for the offence under Sections 277 & 276 CC of the Income Tax Act, 1961. After some arguments, learned counsel for the petitioner seeks permission to withdraw this application with a liberty to agitate all his points before the trial court at the time of hearing on the point of charge. Permission is granted. Accordingly this application stands disposed of as withdrawn. The court below shall take into consideration that there is no order on merit. The court below shall pass appropriate order on the materials available without being prejudiced of instant non- interference. Praveen (Akhilesh Chandra, J.)