Rekha Kumari, J.

1. This is an application filed u/s. 482 of the Code of Criminal procedure, 1973 (hereinafter referred to as the Code) for quashing the order dated 10.8.2004 passed by the Chief judicial Magistrate, West Champaran at Bettiah in Majhaulia P.S. Case No. 167/2004 by Which he has taken cognizance of the offence under Secs. 392 and 302/34 of the Indian panel Code against the petitioner.

2. Heard.

3. It appears that on the date of occurrence at about 8.45 p.m. during patrolling the informant chowkidar Ravindra Yadav learnt that a person was lying injured near village Amwa on Debaulia- Sugauli Road. He went there and saw the man injured. He disclosed his name as Surendra Singh and further informed that he was returning to Raxaul from Bettiah on Hero Honda Motor cycle, when 2-3 persons surrounded him and assaulted him with sharp weapons and fled away with his motorcycle. The injured was then taken to Bettiah Hospital where he was declared dead.

4. The F.I.R. was registered on the statement of the Chowkidar against unknown. The police investigated the case and submitted final report. The learned Magistrate, however, on perusal of the case diary found sufficient mate