S.Shamsul Hasan, J.

1. This application seeks the quashing of the entire prosecution, including the order dated 14-1-1980 passed by the Chief Judicial Magistrate Motihari, in G. R. Case No. 701/76, by which cognizance of an offence under Sections 420, 409, 406 of the Indian Penal Code, as against the petitioner, has been taken and another accused Tara Kant Mishra has been discharged. It is this Tara Kant Mishra who is the first informant.

2. Admittedly, this petitioner was appointed an agent by the District Lottery Officer, Motihari, to sell Bihar State lottery tickets on the basis of commission and was allotted Code No. E 510.

3. A written report was lodged by Tara Kant Mishra, who was the District Lottery Officer, East Champaran, Motihari, on 21.5.1976. In order to appreciate the points raised by learned Counsel for the petitioner it is essential to set out the entire report, which is as follows: From; Sri T. K. Mishra, District Lottery Officer, East Champaran, Motihari. To The Officer-Incharge, Town Police Station, Motihari. Dated, Motihari, May 21, 1976. Sir, Shri Hari Krishna kay son of Shree Krishna Sahay of Champaran (P. O. P.) District Hazanbagh, at present Hirapur,