IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18593 of 2009 1. Lily Paul wife of Tarun Paul @ Tarun Kumar Paul, Resident of 99/1, MG Road, Budge-Budge Road, P.S. Budge-Budge, Dist.-24 Pargana (sough) West Bengal 2. Tarun Paul @ Tarun Kumar Paul, Resident of 99/1, MG Road, Budge-Budge Road, P.S. Budge-Budge, Dist.-24 Pargana (sough) West Bengal ….. Petitioners Versus State Of Bihar ----------- 2. 23.6.2011 Mr. Anil Kumar, learned Counsel for the petitioners seeks permission to withdraw the application of petitioner no.1. The application of petitioner no.1 is dismissed as withdrawn. The petitioner no.2 seeks quashing of the order dated 20.2.2009 passed by the Chief Judicial Magistrate, Vaishali at Hajipur in Case No.C2A 4 of 2008 Trial No.3323 of 2009, by which it has taken cognizance under the provisions of Excise Act and Molasses Control Act. It has been submitted that even considering the entire allegations made in the prosecution report, no offence whatsoever is made out against the petitioner no.2 since he was not the owner of the vehicle in question but the husband of the owner and there is no material against him. Considering the same, the application with regard to the petitioner no.2 is allowed and the order dated 20.2.2009 passed by the Chief Judicial Magistrate, Vaishali - 2 - at Hajipur in Case No.C2A 4 of 2008 Trial No.3323 of 2009 so far as it pertains to him is quashed. Narendra/ ( Anjana Prakash, J. )