ASHWANI KUMAR SINGH, J.:–Initially the present application was filed on behalf of three petitioners. During pendency of the petition before this Court, the petitioner No.3 died on 23.3.2008. An affidavit in this regard was filed and thus by order dated 22.4.2009, the name of petitioner No.3 Satyadeo Prasad Keshri was deleted. The petitioners, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure (hereinafter referred to as ‘the Code’) have prayed for quashing of the order dated 17.1.2007 passed by leaned Sub-divisional Judicial Magistrate, Bikramganj, Rohtas (Sasaram) in complaint Case No. 151 of 2006 by which finding a prima facie case to be made out under Section 380 of the Indian Penal Code, they were summoned to face trial.

2. It is stated that initially a complaint was filed by the Opposite Party No. 2 in the Court of learned Sub-divisional Judicial Magistrate, Bikramganj, Rohtas (Sasaram). The court referred the complaint to the police to register F.I.R. and investigate the case in exercise of powers conferred under Section 156(3) of the Code. Accordingly, Dawat P.S. Case No. 6 of 2005 was registered under Sections 380, 420, and 120B of the Indian Penal Code against the petitioners and investigation was taken up. In the F.I.R. it was alleged that the informant was grand son of late Pandit Jagnarain Dubey who donated 60 bighas of land for establishing a school and constituting a trust. Certain development work was going on in the school from the development fund departmentally through the Contractor who is also the clerk of the school. While executing the work, some old constructions were demolished out of which costly materials like wood logs etc. were extracted for selling in auction in the school premises. The accused persons by entering into a conspiracy stealthily removed the wood logs etc. causing loss to the school. The accused persons carried those wood logs and other materials on tractor and one of the witnesses communicated to the family members of the donor, on which the informant along with others went to the school and found that the wood logs were loaded on a tractor and the accused persons were following it. When it was asked from the accused persons as to whether the wood logs were being taken without auction sale, they replied that the informant had no business to ask such question as he was not concerned with the school in question since the school was already nationalized. In the end, the informant has alleged that with a view to misappropriate the property of the school he was ousted from the development committee of the school and thereafter the accused persons in conspiracy with each other committed theft of wood logs from the school and carried the same on a tractor.

3. The police after registering the case, took up investigation and on completion of investigation submitted a final report on 31.3.2005 stating therein that the accusation was palpably false and the police further recommended for initiating a proceeding against the informant under Section 182/211 of the Indian Penal Code for launching a false prosecution. The final report submitted by the police has been brought on record as Annexure-2 to the petition. Learned counsel for the petitioners referring to the final report submits that in course of investigation the police found that the informant was illegally cultivating 1 bigha and 16 kathas land of the school, but when petitioner no.1 Sachida Nand Singh joined as Principal of school he got the land released from illegal possession of the informant and auctioned the same for the purposes of cultivation. The amount received from such auction was being invested in development of the school. A development committee was constituted in the school in which the informant was not included as member and it was due to this reason the informant had launched a false prosecution. The police report would further show that the wood logs taken out from old

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