D.K. Sinha, J.

1. The petitioners have preferred this petition under Section 482 of the Code of Criminal Procedure for quashing the entire criminal proceeding in Lower Bazar Police Station Case No. 136 of 2004, corresponding to G.R. No. 2219 of 2004, pending in the court of Sri D.K. Mishra, Judicial Magistrate, Ranchi including the order impugned dated 2.9.2004 whereby and whereunder Chief Judicial Magistrate, Ranchi has taken cognizance of the offence under Section 406/34 of the Indian Penal Code against them.

2. The prosecution story, in brief, is that the informant Ashiwini Kumar Malhotra had presented a written report before the Lower Bazar Police Station stating, inter alia, that on 23.7.2004 he had entered into "Malhotra Dresses" at 8 P.M. situated at Roshpa Tower to purchase cloth and after said purchase, returned back to his home leaving his Mobile inadvertently on the counter of Malhotra Dresses. On recalling such missing after some times, he immediately went to Malhotra Dresses and enquired from the owner of the shop as well as from the other staff but they declined having been in possession of his Mobile and that there was no customer in the shop, therefore, he had