ORDER

This is a petition for quashing the order dated 30.06.2012, passed by the Judicial Magistrate, Chapra, in T. R. No. 316 of 2012, arising out of Complaint Case No. 3814 of 2007 by which the petition under Section 245 Cr.P.C for discharge the petitioners.

2. The prosecution case for which a Complaint petition was lodged by the informant Chandrika Singh that the land wherein Khata No. 306, Plot no. 1319 and area of 1 Bigha, 19 Katha, 11 dhur is the ancestral land of the complainant and there was a mango orchard in the aforesaid plot. It is alleged that the petitioners along with 4 or 5 unknown persons on 1.11.2007 at 8 P.M were cutting the mango tree. On hearing the sound of cutting of the tree the informant came and protest but the accused persons abused and assaulted him and take away the wood of mango tree worth Rs. 5000/- thereafter cognizance taken place.

3. On the complaint the complainant and witnesses examined on oath and taking into consideration the statement of complainant, witnesses the process issued after taking cognizance.

4. The order taking cognizance was challenged before the Hon’ble High Court in Cr. Misc. No. 40188 of 2008, however, the case was withdrawn by orde