By filing the instant application under section 482 of the Code of Criminal Procedure (for short “Cr.P.C.”), the petitioners have challenged the order dated 01.10.2012 passed by the learned Judicial Magistrate 1st Class, Ara in Tr. No.3577 of 2012 arising out of Ara (M) P.S. Case No. 49 of 2010, by which the petition dated 13.03.2012 filed under section 239 of the Cr.P.C. for discharge has been rejected.

2. Ara Muffasil P.S. Case No. 49 of 2010 was registered on the basis of self written report of Lal Bihari Paswan, Officer-in-Charge, Ara Muffasil Police Station against the petitioners under sections 25(1-B)(a) and 26 of the Arms Act. According to the allegations made in the First Information Report, on the basis of statement of petitioner no.1 Madan Rai, Ara Muffasil P.S. Case No. 39 of 2010 was registered under sections 341, 384, 354, 379 read with 34 of the Indian Penal Code as well as 25(1-B) (a), 26 and 27 of the Arms Act against one Pankaj Kumar Singh @ Guddu and others. During the course of investigation, the police found the case to be false. It was found that due to previous enmity the petitioners had actually beaten up Pankaj Kumar Singh @ Guddu severely and upon