RAJENDRA KUMAR MISHRA, J. -

The petitioners have approached this Court under Section 482 of the Code of Criminal Procedure to quash the order dated 8.10.2001 passed in Complaint Case No.769 of 2001/Trial No.511 of 2001 by the court of Sri I.C. Chaturvedi, Judicial Magistrate, First Class, Gaya, summoning the accused-petitioners, under Section 204 of the Code of Criminal Procedure, on inquiry, finding prima facie case under Sections 427 and 436 read with Section 34 of the Indian Penal Code against them. A prayer has also been made to quash the entire proceedings arising out of the aforesaid complaint case against the accused-petitioners.

2. In brief, the case is that the opposite party no.2, Ram Raj Paswan, filed the Complaint Case No.769 of 2001 in the court of the Chief Judicial Magistrate, Gaya, alleging therein that on 12.8.2001, the accused-petitioners alongwith unknown armed with weapons came and asked him to vacate the house giving threatening for dire consequences in case of non vacating the same. When the protest was made, his house and the houses of the witnesses were burnt by them by sprinkling kerosene oil, as a result of which twenty hens, two she goats, grains