1. Heard Mr. Anjani Kumar learned counsel for the petitioners, Sri Sunil Kumar for opposite party no. 2 and the learned A.P.P.

2. The present petition seeks quashing of prosecution initiated through Complaint Petition No. 274(C) of 2006 arising out of Harnaut P.S. Case No. 79 of 2006 by which the two petitioners have been summoned to stand their trial for offences under Sections 323, 379 and 504 of the I.P.C.

3. The prosecution case in short, as stated in the complaint petitiion, was that when the complainant was returning from Biharsharif with the witnesses named therein six persons including the two petitioners armed with pistol surrounded him. Petitioner Vijay Kumar put the pistol on the chest of the complainant and relieved him of an amount of Rs. 2000/-, a Cellular mobile phone as per the description in the complaint petition.

4. The complaint petition was sent to the police initially under Sec. 156(3) Cr.P.C. for investigation which reported the case palpably and maliciously false while submitting the final report and also presented the prosecution report for the prosecution of opposite party no. 2 and the final report was submitted. In the meantime opposite party no.