Ashwani Kr. Singh, J.

1. Heard Mr. Sharda Nand Mishra, learned advocate for the petitioner and Dr. Mayanand Jha, learned Additional Public Prosecutor for the State.

2. This application under Section 482 of the Code of Criminal Procedure (for short Cr.P.C.) has been filed for quashing the order dated 13.06.2011 passed by the learned Sub-divisional Judicial Magistrate, Sikrahana at Motihari in Phenhara P.S. Case No. 15 of 2009 whereby the petitioner and two others have been summoned to face trial for the offences punishable under Sections 406 and 420 of the Indian Penal Code (for short "IPC").

3. Complaint petition vide Complaint Case No. 140 of 2009 was filed by one Umakant Tiwari in the court of Sub-divisional Judicial Magistrate, Sikrahana which was referred to the police under Section 156(3) of the Cr.P.C. pursuant to which Phenhara P.S. Case No. 15 of 2009 was registered under Sections 406, 409, 420, 504 and 506/34 of the IPC against the petitioner Manju Devi and two others, namely, Kailashi Devi and Kameshwar Hajara and investigation was taken up.

4. Allegation in the FIR is that the daughter of the informant, namely, Kumari Gunja, who was differently abled and was hav