CRIMINAL MISCELLANEOUS No.4019 OF 2004 In the matter of an application under Section 482 of the Code of Criminal Procedure. 1. JAGDISH PURBEY, son of Late Bachey Lal Purbey, Proprietor M/s Ashok drug Agency, resident of Mohalla – Shankar Chauk, Police Station – Madhubani, District – Madhubani. 2. M/s Ashok Drug Agency through Proprietor Jagdish Purbey, Mohalla – Shankar Chauk, Police Station – Madhubani, District – Madhubani. ---------- Petitioners. Versus 1. THE STATE OF BIHAR 2. Dr. Azatshatru, son of Late Baidyanath Prasad, resident of Sidhidatri Villa, Mohalla – Rampur Road, P.S. – Sultanganj, District – Patna, Proprietor M/s Sidafa Laboratories, at Sidhidatri Villa, Mohalla – Rampur Road, P.S. – Sultanganj, District – Patna. --------------Opposite Parties. For the Petitioners : Mr. Uday Chand Prasad, Adv. Mr. B.K. Sinha, Adv. For the Complainant : Mr. Manoj Kumar Upadhayay, Adv. For the State : Mr. Atul Chandra, APP. P R E S E N T THE HON’BLE MR. JUSTICE AKHILESH CHANDRA Akhilesh Chandra, J. Heard learned counsel for the petitioners learned counsel for the complainant opposite party no.2 and learned Additional Public Prosecutor for the State. This is an application under section 482 of the Criminal Procedure Code seeking quashing of order dated 27.06.2003 passed by learned Additional Chief Judicial Magistrate, Patna City, in complaint case no. 446 of 2003 taking cognizance for the offences under section 406, - 2 - 420 of the Indian Penal Code and 138 of Negotiable Instrument Act. During the course of argument, it is submitted on behalf of complainant opposite party no.2 that no useful purpose shall be served while proceeding with the complaint case pending before the court below so he also now intends that proceeding before the court below must not be permitted to continue. Learned counsel for the petitioners agreed to the submissions so as to learned Additional Public Prosecutor, in view of the above, without any adjudication, on the proprietary of the order and averments made in the complaint. The complaint case no. 446 of 2003 and the impugned order both are hereby quashed and accordingly this application stands disposed of. Patna High Court Date: The 7th September 2010 Rajeev/N.A.F.R. (Akhilesh Chandra, J.)