1. Heard counsel for the petitioners and the counsel for the State.

2. This application under Section 482 Cr. RC. has been filed by the petitioners for quashing the order dated 21.8.2001, passed by the Chief Judicial Magistrate, Motihari by which he has taken cognizance against the petitioners under section 504 of the Indian Penal Code. Prayer has also been made for quashing the order dated 23.9.2003, passed by the 4th Additional Sessions Judge, East Champaran, Motihari in Cr. Rev. No. 408/34 of 2001-2002 by which the order passed by the Chief Judicial Magistrate, Motihari has been affirmed.

3. Facts of the case is that one Sahid Khan lodged a written report on 25.2.2001 before the Officer-in-charge of Motihari Town Police Station for instituting a case under Sections 341, 323, 379/34 of the Indian Penal Code. On the basis of this written report Motihari Town P.S. Case No. 49 of 2001 was instituted against the petitioners. The allegations made in the F.I.R. is that pucca drain and road was being constructed in Lane No. 2 of Mohalla Agarwal from the M.L.A. quota and cutting of the nala was being done by the labourers of the contractor in front of the house of the informant w