(1.) At the time when the instant revision application is taken up for hearing it is submitted by the learned Advocate for the petitioners that petitioner No. 1 Dr. Rev. G. Andrews who is the President of Diocese of Eastern Himalaya Diocesan House, Gandhi Road, Darjeeling died in an accident. In view of death of petitioner No. 1 as reported by the petitioner's learned Advocate, the name of the petitioner No. 1 be expunged from the cause title of the revisional application.
(2.) The instant revision application under Section 401/482 of Cr.P.C. has been preferred by the accused/petitioners for quashing of the impugned proceeding being G.R. Case No. 297 of 1995 under Section 406/34 of I.P.C. pending before the learned Sub-Divisional Judicial Magistrate, Darjeeling.
(3.) In a nut-shell the facts anterior to filing of the revision application, the fact are as follows :