Sanjay Priya, J.

1. Both these Cr. Misc. Case Nos. 25163 of 2013 and 43898 of 2013 arise out of the common order dated 10.12.2012 passed in Complaint Case No. 1551 (C) of 2011 by the learned Judicial Magistrate 1st Class, Patna and, therefore, they have been heard together and are being disposed off by this common order.

2. These two quashing applications have been filed against the order dated 10.12.2012 passed by the Judicial Magistrate, 1st Class, Patna, by which the learned Magistrate has found prima facie case for the offences under Sections 323, 504, 448 and 34 of the Indian Penal Code against the petitioners.

3. The prosecution case as per the complaint filed by the opposite party No. 2 is that the petitioner of Cr. Misc. 25163 of 2013 was working as Assistant General Manager, State Bank of India, Audit Department, LHO, Patna and the petitioner of Cr. Misc. 43898 of 2013 was the then Branch Manager, State Bank of India, Ashiana Nagar Branch. Patna. The complainant opposite party No. 2, his father and wife of Late Rekha Kumari owned and possessed a piece of land appertaining to Plot No. 447 (part) and 380, Khata No. 45 measuring 1575 sq. feet situated behind Beur Jail at Patna. They applied to the Branch Manager, State Bank of India, Ashiana Nagar Branch, Patna, for Housing Loan and a sum of Rs. 8,64,000/- was sanctioned in two parts. The first part of loan amount was to be paid in 180 monthly instalments of Rs. 6,000/- within a period of 14 years whereas the second part of the loan was to be paid in 168 monthly instalment of Rs. 2,931/-. The complainant and his father regularly paid instalments to the tune of Rs. 2,42,000/-. The wife of complainant Rekha Devi died on 18.11.2007 and information about her death was given to the Branch Manager (accused No. 2). As per direction of accused No. 2, an application along with death certificate was also given on 16.7.2010 in the said Branch.

4. It is alleged that SBI Group Insurance Policy was taken in the name of father of the complainant and his deceased wife. The required premium was being paid in monthly instalments. The policy amount became payable after death of wife of the complainant. The amount covered under the said policy was sufficient to liquidate the balance loan amount. The Life Insurance Policy of father of the complainant was pledged by the Bank as security. The date of maturity was 16.5.2010. The maturity value of the policy was about Rs. 60,000/-. The information regarding maturity of the policy was given to the Bank for payment to the Policy holder. The Bank had already received Rs. 6.75 lacs in cash inclusive of amount covered by the Life Insurance Policy. The complainant also liquidated the loan amount, but the accused persons had greedy eyes over the house of the complainant. Therefore, a case was lodged and an Appeal was filed in Debt Recovery Tribunal, Patna, for auction of the house. The complainant intended to appear and to give reply in that case, but on 17.2.2011 a possession notice was sent to the complainant fixing 22.2.2011 as the date for reply. The father of the complainant filed CWJC No. 6333 of 2011 in the Patna High Court challenging the possession notice dated 17.2.2011 on the ground that notice was unfounded and baseless. The said writ application was disposed off on 18.4.2011 with observation that the petitioner might file Appeal within a period of 15 days from the date of disposal of the Writ in the Debt Recovery Tribunal. As per observation of the Hon'ble High Court, the father of the complainant filed second Appeal No. 65 of 2011 in the Debt Recovery Tribunal. It is further alleged that on 30.4.2011 the accused No. 1 felt that despite payment of loan amount, the complainant kept on filing case after case; he on 2.5.2011 at 4:00 p.m. in the evening, came to the house of the complainant located at Kamla Nehru Nagar and threatened the complainant to withdraw the case or to face dire consequences. It is further alleged that he told the