ASHWANI KUMAR SINGH, J.

1. By way of the present application under Section 482 of the Code of Criminal Procedure, the petitioner seeks quashing of the order dated 28.10.2014 passed by the learned Judicial Magistrate, 1st Class, Hilsa, in Complaint Case No. 292 (C) of 2011 by which the learned Judicial Magistrate has rejected the petition for discharge of the petitioner from the case.

2. One Arvind Prasad filed Complaint Case No. 292 (C) of 2011 stating inter alia that he along with one Chandeshwar Prasad, a mason, was engaged in construction of the building of the upgraded middle school, but their wages were not paid by the petitioner and co-accused Suresh Prasad, the Headmaster of the school.

3. It has been contended by the learned counsel for the petitioner that co-accused Suresh Prasad died during the pendency of the proceeding before the Court below and hence, the case against him has already been abated. It has further been contended that so far the petitioner is concerned, there is absolutely no allegation against her and the learned Magistrate took cognizance of the offence punishable under Section 406 of the Indian Penal Code (for short IPC) and summoned the petit