D.N. UPADHYAY, J.

This petition has been filed for quashing the entire criminal prosecution, arising out of P.C.R. Case No.311 of 2002, T.R. No.371 of 2003, registered under Sections 376, 323 and 34 of the Indian Penal Code and the order dated 11th February, 2003, whereby learned Magistrate has ordered to issue process against accused persons to face trial.

2. The fact, in brief, is that a written report was lodged by the complainant against the petitioners. On the basis of said written report, District- Deoghar, Sub Division- Madhupur, Palajori P.S. Case No.89 of 2001 dated 18th December, 2001 was registered under Sections 341, 323, 448, 376 and 34 of the Indian Penal Code and investigation proceeded ahead.

3. When the informant felt that investigation is not proceeding fairly and impartially, she filed protest petition, raising her grievance with a prayer to keep the protest petition for future reference.

It is alleged by the complainant that accused-Siyaram Kumar Rai, finding the complainant alone, entered into the house and committed rape on her. The alarm raised by the complainant attracted to her sister-in-law (GOTANI), who bolted the accused-Siyaram Kumar Rai ins