Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7300 of 2011 ====================================================== Suryakant Mishra @ Suraj Mishra & Ors. .... .... Petitioner/s Versus The State Of Bihar & Anr. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bimal Kumar Mr. Birendra Kumar For the Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 30-04-2012 Heard learned counsel for the petitioners and learned counsel for the State. The present application has been filed for quashing the order dated 6.1.2009 passed in Complaint Case vide C.R. No. 245 of 2008 by which the court below has taken cognizance under [STATUTE] . A complaint petition was filed by Chandra Kant Mishra claiming the accused persons variously armed forcibly took the harvested wheat. When the petitioner went there and tried to persuade, the accused persons not only taken away the wheat but they also assaulted and also forcibly took away 10 quintals wheat worth Rs. 10,000/-. The court below has taken cognizance under aforesaid sections. Patna High Court Cr.Misc. No.7300 of 2011 (2) dt.30-04-2012 2 / 2 2 Learned counsel for the petitioner submits that their names are standing in khatiyan and order passed in 145 Cr. P.C. proceeding shows that half of the portion of the land has been declared to be in possession of the petitioners. The learned counsel for the petitioners submits that it is out and out civil dispute. On perusal of the complaint petition it appears that the cause of dispute is of agricultural land but the action that has been taken by the petitioners cannot be said to be civil action. In this view of the matter, this Court does not find any merit in this case. Accordingly this petition is dismissed with liberty to the petitioners that they may raise all the points before the court below at the relevant stage of the trial. Mahesh/- (Shivaji Pandey, J)

Applicable IPC Section: 447

Statute Text:
Section 447 of the Indian Penal Code. Criminal trespass. Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.