Case Facts:
Patna High Court Cr.Misc. No.5639 of 2011 (4) dt.02-11-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.5639 of 2011 ====================================================== Chandra Narain Mishra & Ors. .... .... Petitioner/s Versus The State Of Bihar & Anr. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the State : Mr. Jagdhar Prasad, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 4 02-11-2012 Heard learned counsel for the petitioners and the State. In this case, petitioners are challenging the order dated 29th October 2010 passed by the S.D.J.M., Madhubani in C.R.No. 4146 of 2010 for the offences [STATUTE] v Shankar Mallik had executed the sale-deed in favour of two persons, namely, the complainant as well as the petitioner which led to a mutation case. At the appellate stage, the D.C.L.R. in Mutation Appeal No.4 of 1988-89 had not found the possession of the complainant and suggested to go for a title suit. The complainant in stead of filing Title Suit has filed this Complaint Case where he has stated that the said executant has executed the sale-deed in his favour but subsequently the petitioners have also brought a sale- deed by way of impersonation. Patna High Court Cr.Misc. No.5639 of 2011 (4) dt.02-11-2012 Basically it is a civil dispute and the petitioner has taken a device of filing the present criminal case and in that situation the continuation of the criminal case will be an abuse of the process of the court and, accordingly, the order dated 29th September 2010 by which cognizance has been taken is quashed. However, liberty is given to the petitioner to file a proper suit for declaration of right and title before the court of competent jurisdiction. This order will not, in any way prejudice the complainant, if any case is filed before the court of competent jurisdiction. With this observation, this petition is allowed. Jay/- (Shivaji Pandey, J)

Applicable IPC Section: 417

Statute Text:
Section 417 of the Indian Penal Code. Cheating. Whoever cheats shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.