1. Heard.

2. Petitioner has filed this application for quashing order dated 8.12.2004 passed by Chief Judicial Magistrate, Munger in Kharagpur Police Station Case No. 55 of 2004 allowing the petition dated 23.11.2004 filed by informant for recording statements of some witnesses under Section 164 of Criminal Procedure Code (In short "Cr. PC").

3. Learned counsel of petitioner submits that in Kharagpur Police Station Case No. 55 of 2004, police, after investigation, submitted charge-sheet under Sections 144, 341, 323 and 504 of IPC and informant on 23.11.2004 fiied a petition for examination under Section 164 of Cr.P.C. of some witnesses named in the petition on the ground that those witnesses were not examined by Investigating Officer and, thereafter, on 8.12.2004, the learned Chief Judicial Magistrate, Munger took cognizance of the case and also allowed the aforesaid petition of informant. It is submitted on behalf of petitioner that the question of examination of some witnesses under Section 164 of Cr.P.C. was not raised by prosecution, therefore, the impugned order is not proper and it must be quashed. From the perusal of impugned order, I find that the Court below after