ASHWANI KUMAR SINGH, J.:- Heard Mr. Amish Kumar, learned counsel appearing for the petitioners, Mr. Ashok Kumar Jha, learned counsel for the opposite party no. 2 and Mr. Rajesh Kumar, learned A.P.P for the State.

2. The petitioners have prayed for quashing the entire criminal proceeding including the order dated 12.6.2006 passed by the learned Chief Judicial Magistrate, Purnea by which finding a prima facie case to be made out under Section 395 of the Indian Penal Code, he has ordered for issuance of summons against the petitioners.

3. The instant case was instituted on the basis of a complaint registered by the Opposite Party No.2. In the complaint besides the two petitioners who are father and son respectively, one Rajesh Tiwari, a Sub-Inspector of K.Hat Sahaik Police Station was made named accused. It has been alleged that the complainant’s elder son Pawan Kumar Choudhary was married to Priyanka Devi and after the marriage, both of them were residing with the complainant Nawal Kishore Choudhary in Mohalla-Shivpuri, P.S.-K. Hat. The complainant’s wife had died two years ago and all the belongings, clothes and ornaments were in possession of Priyanka Devi. Priyanka Devi w