ABHAY MANOHAR SAPRE, J. - (1.) This appeal is filed by the appellants(accused) against the final judgment and order dated 23.11.2006 passed by the High Court of Judicature at Patna in Criminal Misc. No. 39874 of 2004 whereby the High Court dismissed the application filed by the appellants herein under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code ") for quashing the order dated 07.12.2004 passed by the Judicial Magistrate, 1st Class, Motihari in Complaint Case No.1864(C) of 2001 corresponding to Trial No.987 of 2004 whereby he refused to discharge the appellants and posted the case for framing of charge.
(2.) It may not be necessary to set out the facts in detail except to the extent necessary for the disposal of the appeal.
(3.) Respondent No. 2-wife of one Rameshwar Prasad (since dead) filed a criminal complaint (Annexure-P-1) in the Court of Chief Judicial Magistrate, Motihari (Bihar) against the appellants herein for commission of offences punishable under Sections 498A, 323, 406, 379 and 504 of the Indian Penal Code, 1860 (hereinafter referred to as "the IPC "). It was then transferred to the Judicial Magistrate, First Class Motihari, who took cognizance of the offences and issued summons to the appellants herein, who are in-laws of respondent No. 2(Complainant).;