Arijit Pasayat, J. - (1.) Leave granted.
(2.) Challenge in this appeal is to the legality of order passed by a learned single Judge of the Patna High Court rejecting the petition filed by the appellants in terms of Section 482 of the Code of Criminal Procedure, 1973 (in short the Code).
(3.) Factual position in essence is as follows: On the written report of informant Dhrup Narain Dubey, father of respondents 2 and 3 case for alleged commission of offences punishable under Sections 341, 323 and 435 read with Section 34 of the Indian Penal Code, 1860 (in short the IPC) was registered vide Raghunath Pur P. S. case No.7/99, dated 20-8-1999. It was alleged that accused persons named in the FIR assaulted the informant and others. However, the police after investigation submitted charge-sheet wherein three of the ladies accused were found to be not involved in the case. The police submitted charge- sheet only against Harendra Dubey and Sheo Kumar Dubey. The charge-sheet was placed before the learned Chief Judicial Magistrate (in short the CJM) who by his order dated 15-2-1999 took cognizance of the offence and directed issuance of processes against accused Sheo Kumar Dubey, Harendra Dubey, and appellants Minu Kumari and Runjhun Kumari on the ground that there is a prima facie case against them for the offences punishable u/Ss. 341, 323 and 435 read with Section 34, IPC. The learned CJM also ordered for issuance of summons and made over the case to the court of Judicial Magistrate, 1st Class for favour of disposal. 3A. However, on behalf of appellants Minu Kumari and Runjhun Kumari a petition was filed before the Court of learned CJM praying therein that due to clerical error the names of the appellants have also been mentioned in the order dated 15-2-1999 and cognizance was also taken and issuance of summons was also ordered so far as they are concerned. The learned CJM on the above petition got a Miscellaneous Case No. 37/99 registered and by order dated 5-5-1999 he called for the record from the court of the Magistrate, where the Trial No.795/1999 was pending. The learned CJM heard learned counsel for the appellants and ordered to strike of their names. ;