1. The present application filed on behalf of the petitioner is for quashing the order dated 2.8.2008 passed by Shri V.B. Tiwary, Judicial Magistrate, 1st Class, Pupri at Sitamarhi in Case No. C1-371/05, whereby and whereunder the learned Magistrate has taken cognizance against the petitioner under Section 395 of the Indian Penal Code and has issued summons for his appearance.

2. A dacoity was committed in the house of Shiv Shanker Singh, opposite party no. 2 on 6.12.2004, for which Bajpatti P.S. Case No. 147/04 came to be filed by the opposite party. During the course of dacoity one Gopal Singh was alleged to have died since a bomb was thrown at him. The narration of the events is contained in Annexure-2, the so-called F.I.R. The police registered a case under Section 396/398 of the Indian Penal Code, investigated the matter, duly supervised by the high official and found the case instituted by the opposite party no. 2, the informant of Bajpatti P.S. Case No.147/04, to be false. The police reached a conclusion that the stepbrother of the informant, namely, Gopal Singh, was killed with intention to grab his property and a final form came to be submitted on 9.4.2005.

3. Dur