This is an application for quashing the order dated 25.3.1976 of Shri S.P. Shukla, Judicial Magistrate, Ist Class, Khagaria, directing that the petitioner Satyanarayan Yadav be summoned.

2. The relevant facts are these:

On 8.6.1975, one Kamla Kant Yadav lodged a first information report at Gogri police station alleging that the petitioner Satyanarayan Yadav along with three other named accused and 10 and 11 unnamed persons variously armed with Lathis and country-made guns, came to his residence at 7 or 8 P.M. on 7.6.1975, that Sachchidanand Yadav one of the named accused ordered the others to kill the informant Kamla Kant Jha and take away all his belongings and then he along with accused named in the first information report including the petitioner started assaulting Kamla Kant Jha and they also assaulted his nephew who attempted to rescue him, that on his hulla, a number of persons collected and thereafter the accused fled away taking grains as well as clothes and Rs.200/- in cash.

On the basis of the said information report Gogri Police instituted a case for offences under sections 147, 148, 323, 307 and 380 of the Indian Penal Code, and after completing inve