JUDGMENT :

Kailash Prasad Deo, J.

Heard learned counsel for the petitioner Mr. Bharat Kumar and counsel for the State Mrs. Sadhna Kumar, Additional Public Prosecutor assisted by learned counsel for Opposite Party no. 2, Mr. Munna Lal Yadav.

2. The present application has been preferred for quashing of entire criminal proceeding including order taking cognizance dated 02.01.2015 passed by learned chief Judicial Magistrate, Koderma in connection with Complaint case No. 698 of 2014 for the offence alleged under sections 323, 420 and 504 of the Indian Penal Code, so far quo the petitioner. Learned counsel for the petitioner has submitted that the impugned order of cognizance and continuation of criminal proceeding is bad in law. Learned counsel for the petitioner has further submitted that on the basis of a complaint petition filed by Yamuna Yadav, Opposite Party No. 2, before the court of learned Chief Judicial Magistrate, Koderma against Baleshwar Yadav (own brother of the complainant) and the Manager of A.T.C Telecom Corporation Limited through authorized signatory Md. Ziauddin Ahmed (petitioner), Sunny Grand, Jagdeo Path More, Bailey Road, Patna-14, stating therein that accused no. 1,