JUDGMENT :

S. K. SAHOO, J.

The petitioners Bhimsen Bag, Susila Bag and Sheslal Mahananda in this application under section 482 of Cr.P.C. have prayed for quashment of the criminal proceeding in G.R. Case No.529 of 2005 pending in the Court of learned S.D.J.M., Bhawanipatna which arises out of Bhawanipatna Sadar P.S. Case No.112 of 2005 in which on submission of charge sheet, cognizance of offences under sections 306/34 of the Indian Penal Code has been taken and processes have been issued against the petitioners as per the order dated 10.08.2006 of learned S.D.J.M., Bhawanipatna.

2. The prosecution case, in short, as per the first information report lodged by Prasant Bhupati, S.I. of Police who was also the officer in charge of Sadar Police Station, Bhawanipatna is that one Parameswar Gahir and his son Pabitra Gahir were found lying dead in their house at Gahirpada, Haldigarh and in connection with their death, Bhawanipatna Sadar P.S. U.D. Case No.19 dated 04.11.2005 was instituted. The informant conducted inquiry and during course of inquiry, it revealed that on 13.10.2005 night, a sum of Rs.1,80,000/- was stolen from the house of petitioner no.1 Bhimsen Bag and therefore, he called