(1.) HEARD .
(2.) THIS is an application filed u/s. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) for quashing the order dated 6.6.2005 passed by Sri Sanjay Kumar Sinha, J.M. 1st Class, Vaishali at Hajipur in G.R. Case No. 1496 of 2004/Tr. No. 1881 of 2005 by which cognizance has been taken by the learned Magistrate against the petitioners.
(3.) LEARNED Counsel for the petitioners submitted that the prosecution story is false. Victim Usha Devi herself filed a complaint petition (Annexure -2) against Jai Prakash Rai and Ram Prasad Rai alleging therein that they had abducted her, made her un -conscious and then committed rape on her. He also referred to annexure -4 a petition filed by the said victim Usha Devi before the Chief Judicial Magistrate, Vaishali Hajipur stating that the petitioners had not done any wrong to her. Learned Counsel, therefore, contended that in view of that above facts, no offence is made out against them and continuance of the case would be an abuse of the process of the court and the order taking cognizance is fit to be quashed.