IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25623 of 2007 Pankaj Kumar, S/o B.Pandit the then Managing Director, BICICO Indira Bhawan, 4th Floor, R.C. Path, P.S. S.K.Puri, District Patna (presently posted as District Magistrate, Nawadah). ------- Petitioner Versus 1. The State of Bihar. 2. Pankaj Jain, S/o Kailash Chand Jain, Director, M/s Vedant Granite Pvt. Ltd. a Company incorporated under Companies Act 1956 having its Administrative Officer at Kankarbagh Road, P.S. Patrakar Nagar, District Patna. ------ Opposite Parties ----------- 4 6.8.2009 Mr. Amit Shrivastava, learned counsel appearing on behalf of the petitioner, files a supplementary affidavit enclosing an order dated 25.6.2008 passed in C.W.J.C. No. 8040 of 2007 showing deposit of a sum of rupees one lac. In view of the fact that the substratum of lis revolves around a sum of rupees one lac which admittedly has been deposited by the petitioner BICICO and withdrawn by the opposite party no.2, the complainant, the continuance of the prosecution against the petitioner shall touch the fringe of abuse of the process of Court. This Court, therefore, in the interest of justice, would quash the entire prosecution against the petitioner. It goes without saying that it will be always open for the opposite party no.2 to claim any remedy in appropriate civil proceedings. Rsh (Mihir Kumar Jha, J.)