IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14200 of 2009 DILIP BHOWNANI S/O SANGATMAL, R/O 514 “A” BLOCK „M‟ NEW ALIPUR, P.S. NEW ALIPUR, ALIPUR, KOLKATTA,-53. --PETITIONER Versus 1. THE STATE OF BIHAR 2. NANAK CHAND S/O LATE THAWAR DAS, R/O BINODPUR, P.S. + DISTRICT- KATIHAR. --OPP.PARTY For the Petitioner : Ms. Binita Singh For the State : Mr. Damodar Pd. Tiwary, A.P.P. 4 02.11.2010 Supplementary affidavit has been filed. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This is an application for quashing the order dated 02nd January, 2009 passed by Judicial Magistrate, first class, Katihar in Complaint Case no. C-3181 of 2008 taking cognizance for the offence under Section 406 of the Indian Penal Code. By filing supplementary affidavit it is brought to the notice of this Court that the complainant-opposite party no.2 has already filed an application seeking withdrawal of the case as early as on 22.4.2009 but it is pending disposal, in 2 view of the matter being sub-judice here. This application stands disposed of in view of withdrawal petition filed by the complainant-opposite party no2. before the court below who is directed to pass appropriate order at the earliest. Till disposal of the withdrawal application, no coercive action shall be taken against the petitioner. (Akhilesh Chandra, J.) AAhmad