1. Heard Mr. Rama Kant Sharma, counsel appearing for the petitioners and Mr. Manoj Kumar Upadhyaya, counsel representing the complainant opp. party no. 2.

2. The petitioner no. 1 is a doctor and petitioners 2 and 3 are compounders attached to his clinic. They seek quashing of an order, dated 12.5.2003 passed by the Judicial Magistrate, 1st Class, Danapur in Complaint Case No. 2450 of 2003. By the impugned order, on the basis of a complaint filed by the complainant opp. party no. 2, the Magistrate took cognizance of an offence under sections 304/34 of the Penal Code and summoned the accused petitioners for facing trial.

3. The complainant is the uncle of a boy aged six years who was brought to the clinic of petitioner No. 1 in ailing condition and who died there. According to the complaint, the boy was admitted to the clinic on 14.4.2003 at 9 in the morning. Since there was no improvement in his condition till the afternoon, the complainant and the boys people wanted to take him to Patna but petitioner no. 1 dissuaded them from doing so and gave them assurance that his condition would soon improve. He asked the complainant to make immediate payment of Rs. 1000/-. It is furth