(1.) THE instant petition under Section 482 Cr. P. C. has been filed against the order dated 20. 01. 1998 passed by the Judicial Magistrate, Ist Class, Desuri in Criminal Original Case No. 473/96, whereby charges u/sec. 447 and 379 IPC were framed against the accused-petitioners.
(2.) HEARD Mr. N. S. Acharya, learned counsel for the petitioner and Mr. Mahipal Bishnoi, learned Public Prosecutor for the State.
(3.) THE learned counsel for the petitioners further argued that the Court is competent to quash the charge in view of the following judgments as no offence has been made out from the material placed by the prosecution before the trial Court:- Rai B. P. vs. State of Kerala (8) (case under the NDPS Act); G. Sagar Suri vs. State of U. P. (9) (case u/sec. 138 of the Negotiable Instrument Act); and Hardayranjan vs. State of Bihar (10) (case under the IPC ).