Sadanand Mukherjee, J.

1. This is an application for quashing the order dated 24.9.2005 passed by the learned Sub divisional Judicial Magistrate, Nawadah by which the Court took cognizance for the offence u/s. 304 of the Indian Penal Code, 1860 The application also seeks for quashing the entire criminal prosecution in G.R. No. 2661 of 2004/ 2485 of 2005 arising out of Nawadah Town P.S. Case No. 360 of 2004 dated 13.12.2004 u/s. 304 of the Indian Penal Code, 1860

2. On 13.12.2004 one Sabo Devi lodged a fardbeyan alleging therein that the petitioner came to the informants house and told the informants husband that there was break down of electricity in his house. The allegation is that the petitioner forcibly took the informants husband who was electric "mistry", for repair of the electric line from the transformer. The husband of the informant, namely, Indradeo Bishwakarma @ Khokha Mistri while reparing the electric line got electrocuted and died. In the aforesaid fardbeyan, it is stated that the tenant Baishakhia Devi was present when the deceased was forcibly taken by the petitioner.

3. On the basis of the aforesaid statement of the informant Nawadah Town P.S. Case No. 360