NUNUMANI PRASAD SINGH, J.

1. This is an application for quashing the order, dated 30-5-1986 passed by Sri P. N. Yadav, Chief Judicial Magistrate, Madhubani in G. R. Case No. 1330/85 whereby he has taken cognizance of the offence under Sections 409, 420 and 467 of the Indian Penal Code against the petitioner.

2. On 5-8-1986 complainant Bansi Ram filed a complaint petition before the Judicial Magistrate, 1st Class, Madhubani alleging therein that the petitioner who was a Mukhiya of Sugauna Gram Panchayat had committed forgery in the official record of old age pension scheme and mis-appropriated the public money. The complaint was sent to the police for instituting a case under Section 156(3) of the Code of Criminal Procedure. Accordingly, Rajnagar P. S. Case No. 125/85 under Sections 409, 420 and 467 of the Indian Penal Code was registered against the petitioner.

3. The police after investigation submitted charge-sheet against the petitioner and cognizance of the offence was accordingly taken by the Chief Judicial Magistrate as mentioned aforesaid. As against that the petitioner has come up before this Court for quashing the cognizance.

4. Learned counsel for the petitioner h