1. In this application u/S. 482 of the Code of Criminal Procedure, both the petitioners have prayed for quashing of the order dated 3-1-89 passed by the Chief Judicial Magistrate, Munger, by which cognizance has been taken against them u/S. 420 of the IPC and 27 of the Drugs and Cosmetics Act, 1940, and the case has been transferred to the file of Shri B. C. Jha, Judicial Magistrate, Ist Class, Munger, for trial vide G. R. No. 1543/88.

2. Prosecution case, in brief is that Opposite party No. 2 lodged a written report on 30-9-88 at Kotwali Police Station, Munger, alleging therein that his son Anand Raj Verma, two year old boy, was suffering from some disease and was under the treatment of Dr. Janardan Prasad of Mohalla, Barabazar, Munger, on the advice of the said doctor, the informant Opposite party No.2 purchased one vial of Ampicillin of 100 M.G. Potency from the shop of Jagannath Bhagat which is known as Bhagat Pharmacy. The aforesaid medicine was injected to the son of the informant but there was no improvement in his condition. The informant found that on the container of the vial, the date of expiry of the medicine was mentioned as "1988 August". The informant showed