IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44331 of 2006 MD.SABIR HUSSAIN S/O SHEIKH NATHU, R/O VILLAGE SRI RAMPUR, P.S. BAHERA, DISTRICT-DARBHANGA. --PETITIONER Versus 1. THE STATE OF BIHAR 2. THE BLOCK DEVELOPMENT OFFICER, BENIPUR, DISTRICT-DARBHANGA. --OPP.PARTY FOR THE PETITIONER : Mr. Manindra Kumar FOR THE STATE : Mr. Amrendra Prasad, APP 5 08.11.2010 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. None appeared on behalf of opposite party no.2 inspite of earlier valid service of notice. This is an application seeking quashing of prosecution case as contained in Bahara P.S. Case no. 140 of 2002 (Tr.No. 186 of 2006) under Sections 420 and 406 of the Indian Penal Code. Petitioner is named accused in this case being an Agent to execute Government Scheme no.7 of 1994- 95. As per allegation he did not complete the work assigned and up to the amount paid. For realization of the same 2 alleging lying due one Certificate Proceeding no.302 of 2002- 03 was also initiated against him. As pointed out by learned counsel for the petitioner, said Certificate Case has been disposed of on the ground that subsequently the Authority submitted a report that work entrusted to the petitioner has already been completed. Nothing is due against him rather he has already spent a bit more than the sanctioned and paid amount. After some arguments, learned counsel for the petitioner seeks permission to withdraw this application with a liberty to agitate all the points before the court below (trial court) at the time of hearing on the point of charge by producing such documents. The court below shall pass appropriate order in accordance with law on consideration of such materials, if produced. With the above liberty, this application stands disposed of. (Akhilesh Chandra, J.) AAhmad