Sadanand Mukherjee, J.

1. This matter relates to quashing the order dated 5.4.2005 where by and whereunder the prayer has been made for quashing the order dated 5.4.2005 passed by Judicial Magistrate 1st Class, Bihar Sharif, Nalanda in Protest-cum-Complaint Case No. 1266 C of 2004 under Secs. 406 and 420/34 of the Indian Penal Code by which he has issued summons against the petitioner and other accused for their appearance.

2. A complaint petition was filed in the Court of Chief Judicial Magistrate, Nalanda at Bihar Sharif against the petitioner and co-accused Jitendra Singh stating therein that the petitioner, who was posted as Assistant Engineer in Irrigation Department in the office of the Chief Engineer, Ranchi (Jharkhand) and accused No. 2, Jitendra Singh, who is contractor at Jamshedpur and does constructs on work in the name of Tushar Constructions, used to contact for giving service to the other persons. The complainant, Opposite party No. 2 runs a shop, namely, Ajanta Lather and Singer Store at Mohalla Ramchandrapur, Bihar Sharif where both the accused persons including the petitioner used to come and this petitioner told the complainant, Opposite Party No. 2, for