Case Facts:
Patna High Court Cr.Misc. No.14557 of 2011 (2) dt.06-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.14557 of 2011 ====================================================== 1. Most.Kiran Devi W/O Late Suresh Singh 2. Prithwi Chand alias Prithwi Singh, son of late Ram Kishun Singh, both R/O Bhagat Tola, Mathurapur, P.S. - Khagaria, District - Khagaria .... .... Petitioner/s Versus 1. The State Of Bihar 2. Most Urmila Devi (Real Sulochana Devi D/O Late Satyanarayn Bhagat) W/O Late Doman Choudhary R/O Village - Bhagat Tola, Mathurapur, P.S. And District - Khagaria at present resident of Village-Sarsafa, P.S. Choutham, District- Khagaria. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dronacharya, Advocate. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 2 06-08-2012 Heard learned counsel for the petitioners and learned counsel for the State. This application has been filed for quashing the order dated 2.12.2010 passed in G.R. No.501 of 2006, arising out of Khagaria (Chitragupta Nagar) P.S. Case No.196 of 2006 by the Chief Judicial Magistrate, Khagaria by which he has taken cognizance against the petitioners under [STATUTE] . Learned counsel for the petitioner submits that it is completely a civil dispute as there is allegation that one Sulochana Devi who is concubine of her husband has Patna High Court Cr.Misc. No.14557 of 2011 (2) dt.06-08-2012 impersonated herself as Urmila Devi and executed the sale deed. He further submits that there are number of documents to show that the petitioners have purchased the land from correct person as allegation of impersonation is completely wrong. He further submits that these are matters of civil dispute and the same can not be decided in criminal case. There is an allegation of fraud, impersonation, can not be civil dispute. This Court does not find any merit in this application. Accordingly this application is dismissed. However, the petitioners will be at liberty to raise all the points before the court below at the appropriate stage of trial. Vinay/- (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.