R.M.Prasad, J.

1. In this miscellaneous application, prayer is for quashing the order dated 17.1,2002 passed by the Judicial Magistrate, First Class, Siwan in complaint case, bearing No. C 1137/2001, whereby and whereunder cognizance has been taken against the petitioners under Secs. 147, 148, 149, 323. 379 and 427, Indian Penal Code, 1860 and Sec. 25 of the Arms Act and summonses have been directed to be issued.

2. The short facts giving rise to the present case are that opposite party No. 2 is the complainant, who alleged in the complaint petition that his father had purchased 3 kathas 5 dhurs of land appertaining to khata No. 229, plot No. 44 by a registered sale deed. On the same plot, some trees were standing which were being utilized by him. it is alleged that on 20th August, 2001, the petitioners variously armed went over the land and cut green mango tree, one dry mango tree and one mahua dry tree to which the complainant objected, whereunder the petitioner No. 1 tried to assault him with farsa but he escaped and other accused persons threatened to kill him but he fled away. It is further alleged that the petitioners also assaulted him with fists and legs and took aw