PRABHAT KUMAR SINHA, J.

1. This is an application under Section 482 of the Code of Criminal Procedure (the Code in short) filed by Matuki Giri and two others for quashing the order dated 5.10.1996, so far these petitioners are concerned, recorded by the learned Chief Judicial Magistrate, Gopalganj in G.R. Case No. 702 of 1994 by which cognizance of offence under Sections 3 and 4 of the Explosive Substance Act was taken against the petitioners.

2. Brief facts of the case are that petitioner Ram Narayan Dubey had filed First Information Report on 16.4.1994 alleging that on the preceding day Munna Tiwary and Murari Dubey had come with bombs in a Jhola and arms and Munna Tiwari threatened with bomb. Subsequently on nulla of Matuki Giri, the villagers came running and caught Munna Tiwari with two live bombs but co-accused Murari Dubey succeeded in escaping, claiming that the informant had suffered injuries having been assaulted by Murari Dubey. Thereafter, it appears that investigation proceeded and the police submitted first charge-sheet showing (in column 2 of the charge-sheet) Matuki Giri and Parmanand Dubey as not sent up also showing Ram Narayan Dubey, Munna Tiwari and Mura