1. The application under Section 482 of the Code of Criminal Procedure has been filed for quashing the proceedings of case no. C-480 of 2008 under Section 406/34 of the Indian Penal Code pending before learned Judicial Magistrate, First Court, Sealdah, South 24 Parganas.

2. Despite service of notice opposite party no. 1 and 2 did not turn up to contest this application. Opposite party no. 2/Madhusudan Das (herein after referred to as opposite party only) had filed an application before learned Magistrate at Sealdah for referring the same to the concerned police station under Section 156(3) of the Code of Criminal Procedure. The application was taken up by learned Magistrate and after considering the materials, cognizance was taken by learned Magistrate. After examination of the complainant and his witness, summons were issued against all the accused. All the accused named in the petition of complaint duly appeared before learned Magistrate and contested the case. In the meantime, the present petitioners being accused no. 2, 3 and 4 have filed this application for qua