RAJEEV RANJAN PRASAD, J.

The petitioners in the present case are seeking quashing of the order dated 13.08.2013 arising out of Complaint Case No. 1973 of 2012 (Enq. Case No. 185/2013) by which the learned Magistrate has taken cognizance of offences under Sections 323, 379, 406 and 420 of the Indian Penal Code and issued summons to the accused petitioners.

2. The complainant-opposite party no. 2 lodged a complaint case in the court of the learned Chief Judicial Magistrate, East Champaran at Motihari; a copy of the complaint petition is available on the record as Annexure-1. The complainant alleged that her husband, after retirement from service of Indian Navy, purchased a piece of land out of his earnings and post retrial dues and thereafter constructed a residential house and also some shops. It is stated that the husband of the complainant had taken some loan also for running the shops and he was making payment of installments against loan out of the pensionary benefits which he was receiving. The complainant further alleged that her husband had placed his elder brother Ram Sundar Mahto @ Shikari Mahto in a cloth shop opened for him, the other brothers were also running th