Anjana Prakash, J.

1. The petitioners seek quashing of the order dated 16.8.2004 passed by Judicial Magistrate, 1st Class, Darbhanga in T.R. No. 620/200/C.R. No. 967/2000 by which he refused to discharge the petitioners from the liability of criminal prosecution in a complaint instituted by the opposite party no. 2, in which cognizance had been taken for offences punishable under Sections 147, 148, 323, 342, 379 of Indian Penal Code.

2. On 6.1.2006 notices were issued to the opposite party no. 2 and further proceeding in court below was stayed. Thereafter on 14.4.2006 matter was admitted for hearing. The opposite party no. 2 has appeared and the matter is being disposed off in the presence of the parties concerned.

3. The case of the opposite party no. 2 is that he was a rightful owner of Khata Nos. 379 and 380, plot nos. 2147, 2148 and 2149 measuring 10 Kathas of land and he had grown the paddy crops on the same but the accused persons had committed theft of the same and also assaulted him in the transaction when prevented from doing so. After the examination of the complainant on solemn affirmation and three witnesses on his behalf, the court took cognizance in the matte