JUDGMENT

Abhay Manohar Sapre, J.

Leave granted.

2. This appeal is directed against the final judgment and order dated 11.09.2017 passed by the High Court of Judicature at Patna in Criminal Miscellaneous Application No. 27078 of 2013 whereby the High Court allowed the Criminal Miscellaneous Application filed by respondent Nos.2& 3 herein and quashed the complaint filed by the appellant herein.

3. A few facts need mention hereinbelow for the disposal of this appeal, which involves a short point.

4. By impugned order, the High Court quashed the order dated 13.02.2013 passed by the Judicial Magistrate 1st Class, Saran at Chapra in Complaint Case No. 21/2012 whereby the Judicial Magistrate took cognizance of the complaint filed by the appellant herein against respondent Nos. 2 and 3 for commission of the offences punishable under Sections 323, 379 read with Section 34 of the Indian Penal Code, 1860 (for short "IPC") by holding that a prima facie case was made out against respondent Nos.2 and 3 on the basis of allegations made in the complaint.

5. So, the short question which arises for consideration in this appeal filed by the complainant is whether the Judicial Magistrate was right in holdin