ORDER

C.M. Prasad, J.—The petitioner has filed this petition under Section 482 of the Code of Criminal Procedure (in short, referred to as ‘the Code’) with a prayer to quash the first information report of Chapra Town P.S. Case No. 1 of 2004 dated 2nd January 2004 which was instituted for offences under Sections 419, 420, 467, 468, 471 and 120-B of the Indian Penal Code against the petitioner and six others. The complainant/informant Birendra Prasad filed Complaint Case No. 1767 of 2003 for the aforesaid offences against the petitioner and six others and the complaint petition was sent by the learned Chief Judicial Magistrate, Chapra to Police for institution of FIR and accordingly the FIR has been instituted and the Police is conducting investigation into the case.

2. The allegation as levelled by the complainant/informant in the said complaint petition is that one of the accused Jitendra Prasad (who is not petitioner), the husband of the petitioner Sharda Devi has filed Title Suit No. 66 of 2003 against the complainant/informant (O.P.No. 2) and the Executive Officer of Municipality, Chapra in the Court of Munsif-I, Chapra and he (the complainant) received summons in that suit. It