IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.40189 OF 2008 SUDHIR PRASAD, SON OF ALTE RAMAVTAR MAHTO, RESIDENT OF VILLAGE SURAJPUR TOLA, POST OFFICE PANDARAK, POLICE STATION PANDARAK, DISTRICT PATNA ……………………………………………..PETITIONER VERSUS 1. THE STATE OF BIHAR 2. ATUL KUMAR AGRAWAL, SON OF LATE HIRALAL AGRAWAL, RESIDENT OF VILLAGE SALAMPUR COWK, POLICE STATION BARH, DISTRICT PATNA ……………………………………………………………………….OPPOSITE PARTIES ********** 3 28/07/2011 Nobody appears on behalf of the petitioner. Counsel for the State and Mr. Arun Kumar, Counsel for the Opposite Party No. 2 are present. Counsel for the Opposite Party No. 2 informs this Court that Criminal Misc. No. 41020 of 2009 has been filed on behalf of the petitioner challenging the order taking cognizance, in a proceeding instituted under Section 340 of the Code of Criminal Procedure. In view of the aforesaid fact, this application which challenges the notice issued under Section 340 of the Code of Criminal Procedure has become infructuous, and as such, this application is dismissed. Anand (Sheema Ali Khan, J.)