1. This application filed under Ss. 397 and 398 of the Code of Criminal Procedure, 1973 (in short the Code) is directed against the order dated 4-5-1998 passed by Shri A. K. Srivastava, Judicial Magistrate, Ist Class, Raxaul at Motihari (East Champaran) in Case No. C-63/98 by which the learned Court below was pleased to dismiss the complaint petition filed by the petitioner Sharda Devi (since deceased).

2. From the record it appears that Sharda Devi had instituted Raxual P.S. Case No. 4/97 against opposite party Nos. 3 to 6 which was registered under Ss. 384, 341 and 419 of the Indian Penal Code. The police after completing the investigations submitted final form finding the case to be false. Sharda Devi filed a protest petition before the learned Chief Judicial Magistrate. The matter went up to the Hon ble High Court in Cr. Misc. No. 18025 of 1997 which was disposed of by an order dated 25-9-1997. In it Sharda Devi had prayed for quashing the final form (annexure-10) submitted by the police and for the releasing the seized articles. This Court by the aforesaid order directed the S.D.J.M. to dispose of the protest petition filed before him in accordance with law within a pe