Judgment B.P.SINGH and N.P.SINGH JJ. 1. Heard Counsel for the parties and with the consent of the parties, this application is benig disposed of at the admission stage itself. 2. We find no reason to quash the prosecution launched against the petitioners though we-express no opinion on the merit of the ease. 3. We are informed that against the order of assessment an appeal has been preferred before the Income Tax Appellate Tribunal at Patna and the said appeal is pending before the appellate Tribunal. Counsel for the petitioners submits that in case the appeal is allowed and the petitioners plea is accepted, there may be no justification for prosecuting the petitioners. In these circumstances, while not quashing the prosecution, we direct the respondent not to proceed with the prosecution for the time being till the disposal of the appeal by the appellate Tribunal with liberty to the respondent to proceed with the prosecution in accordance with law having regard to the order that may be passed in appeal by the Tribunal. 4. This application is disposed of accordingly.