P.K.Sarkar, J.

1. This petition under Sec. 482, Cr.P.C. is for quashing the order of cognizance dated 3.3.93 passed by the Sub-Divisional Judicial Magistrate, Muzaffarpur (West) in G.R. Case No. 2/76.

2. The brief facts leading to the present application is that O.P. No. 2 Jagarnath Chowdhury instituted a case (G.R. 2/76) alleging that a dacoiry was committed in the night intervening 2nd and 3rd January, 1976, in his house and the petitioner-accused was identified during the commission of the alleged dacoity. It was further alleged that he heard the sound of foot-steps of some persons and saw in the light of torch used by the dacoits. In the meantime, four dacoits holding Farsas in their hands surrounded him and in this process, he identified the petitioner. The Police took up the investigation of the case and submitted a Final Report bearing No. 28 dated 3.6.76 was submitted showing the case to be maliciously false under Sec. 395, I.P.C. The informant O.P. No. 2 filed a protest-cum-complaint petition. An enquiry was made under Sec. 202, Cr.P.C. and cognizance was taken against the petitioner on 30.4.81 under Section 395, I.P.C.

3. Being aggrieved and dissatisfied with the