Prashant Kumar, J.

This application has been filed for quashing the order dated 03.09.2013 passed by learned Civil Judge-cum-Chief Judicial Magistrate, Chatra in Sadar P.S. case No. 105/2013 corresponding to G.R.No.505/2013, whereby and where under, learned court below took cognizance of offence against the accused persons including the petitioners under sections 302/34 of the Indian Penal Code.

2. The facts of the case for the purpose of disposal of this case lie in a narrow compass:

The informant Puniya Devi has alleged that on 08.06.2013, his son Dinesh Prajapati @ Dawlu was killed by Aditya Prajapati @ Lattu Prajapat, Madan Prajapati and Santosh Prajapati ( petitioner no.2) on the instigation of Geniya Devi. Accordingly, police instituted Sadar Chatra P.S. Case No. 105/2013 dated 09.06.2013, under sections 302/34 of the Indian Penal Code against the aforesaid four accused persons and took up investigation.

3. It appears that after completing the investigation, police submitted charge sheet only against Aditya Prajapati @ Lattu Prajapati and Madan Prajapati. In the said charge-sheet petitioners were not sent up for trial. It further appears that aforesaid charge-sheet receiv