Abhijit Sinha, J.

1. The four charge sheeted accused of Gardanibagh (Shastrinagar) P.S. Case No. 156 of 2007 have prayed for the quashing of the order dated 26.3.2008 passed therein by the learned Chief Judicial Magistrate, Patna, whereby he has taken cognizance under Sections 406, 420 and 120(B) IPC against all the petitioners.

2. The prosecution case is founded on the written report submitted on 7.3.2007 by one Manoj Kumar Sharma claiming to be the Chief Executive of Sundarnagar Grih Nirman Swablambi Sahkari Samittee Ltd. Patna, wherein it was stated inter alia that on 4.4.2006 he had signed a development agreement with petitioner Nos. 3 and 4 on their persuasion in respect of 36 decimals of land appertaining to khata No. 38, survey plot No. 99 at the rate of Rs. 6,50,000/- per katha and at the time of signing of the agreement a cheque of Rs. 3,00,000/- and cash to the tune of Rs. 4,65,000/- was paid to them. It is also stated that the balance amount was paid by cheques and cash on various dates making up the total amount of Rs. 74,88,000/-. It is also stated that since some legal problems arose with the Government in respect of some portion of the lands in question a fr