AB 928/2011 BEFORE HON’BLE MR JUSTICE H, BARUAH Heard Mr. S.C. Biswas, learned counsel for the petitioner and Mr. B.B. Gogoi, le arned Addl. P.P for the State of Assam. Principal Secretary, Mising Autonomous Council, Gogamukh, Dhemaji on 8-9-2009 in formed the Officer-in-charge of Dhemaji Police Station in writing in regard to m isappropriation of government money by the construction committee and accordingl y basing on the information in writing Dhemaji P.S Case No. 272 of 2009 was regi stered. While investigation was on, the said Principal Secretary, Mising Autonom ous Council, Gogamukh, Dhemaji filed an application before the Chief Judicial Ma gistrate, Dhemaji on 4-3-2010 expressing his desire not to proceed with the Firs t Information Report in view of the execution of the work to the extent of 86% a nd utilisation of money temporarily misappropriated. On the basis of this applic ation learned CJM, Dhemaji on 2-2-2011 passed an order with a direction to his B ench Assistant to transmit all the relevant papers along with the petition to th e Investigating Officer of the Case. It is submitted by Mr. S.C. Biswas, learned counsel for the petitioner that sinc e the case has been withdrawn by the first informant by his application dated 4- 3-2010 there is no lis at present, but on account of registration of the case th e Investigating Officer of this case is harassing the present petitioner and as such apprehending his arrest in connection with Dhemaji P.S Case No. 272 of 2009 registered under Section 120(b)/406/408/ 409/423/34 IPC has approached this cou rt by filing this application seeking privilege of pre arrest bail to him. Mr. B. B. Gogoi, learned Addl. P.P submits before this court that the informant himself is not willing to proceed with the case on account of satisfactory compl etion of the work to the extent of 86% and in view of utilisation of the money s o allegedly misappropriated temporarily, he in his usual fairness further submit s that this application may be allowed. Taking note of the facts involved in this case and the submissions advanced by t he learned counsel for both the parties, this application is allowed. The interi m bail granted by this court vide order dated 18-4-2011 is made absolute. Bail application stands disposed of.