Rakesh Kumar, J.

1. The sole petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 20.9.1999 passed by Sri B.M. Ray, Judicial Magistrate, 1st Class, Gaya in G.R. Case No. 89 of 1990/ Trial No. 529 of 1999 arising out of Gaya Civil Lines P.S. Case No. 12 of 1999. By the said order, the learned Magistrate has summoned the petitioner as an additional accused in the case for offence under Sections 147, 149, 323, 324/34 of the Indian Penal Code.

2. Short fact of the case is that on the basis of fardbeyan of opposite party No. 2, an FIR vide Gaya Civil Lines P.S. Case No. 12 of 1999 was registered on 9.1,1999 for the offence under Sections 147, 148, 324, 323 and 379 of the Indian Penal Code. In the FIR, seven persons including this petitioner were named as an accused in Column No. 7. Fardbeyan of informant was recorded on 7.1.1999 at about 4.00 p.m. in Paligram Hospital, Gaya by the Sub-Inspector of Police, Kotwali Police Station, Gaya. It was disclosed in the fardbeyan that on the same day at about 1.00 p.m., while he was returning from Gaya Railway Station, on way, he was in