IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12733 of 2007 ***** 1. Sanjay Kumar Pandey, S/o Late Bharat Pandey 2. Suraj Lal, S/o Late Nandlal @ Munna Lal 3. Bidya Bhushan Pandey, S/o Late Kailash Pandey 4. Krishna Murari Pandey, S/o Janardan Pandey All resident of village- Bhagwanpur, P.S. Guthni, District-Siwan. …. …. Petitioner Versus 1. The State of Bihar 2. Milan Prasad, S/o Late Ram Prasad Lal, resident of village- Bhagwanpur, P.S. Guthni, District-Siwan. …. …. Opposite parties ----------- 6. 20.4.2009. Heard learned counsel for the petitioners, learned counsel for the opposite party no.2 and the learned A.P.P. for the State. Petitioners are before this court against the order dated 17.2.2007 passed in Complaint Case No.1426/06 passed by the Judicial Magistrate, Siwan whereby cognizance has been taken under several sections of the I.P.C. The origin of the present case is a so-called forged and fabricated execution of sale-deed by virtue of which it is alleged by the complainant that land belonging to the complainant has been illegally sold by creating certain forged documents. Learned counsel for the opposite party no.2 appears and categorically states that there is an element of criminality involved in the act of the petitioners and based on the evidence in this regard cognizance has been taken under the various sections. But he has fairly accepted the position that the conduct of these petitioners has also forced him to file a Title Suit No.120/07 in the Court of Munsif-I, Siwan. The Court does not want to express its opinion on the issue at this stage lest it has the reflection on the merits of the claim of either - 2 - side. But since the origin is a civil dispute, therefore, keeping the settled principles in this regard the petitioners have made out a case for interference and the Court is inclined to quash the order taking cognizance but needless to say that in case the declaration by the Civil Court is made in favour of opposite party no.2 and it is held that a fraudulent or forged document has been created then it will be always open to opposite party no.2 to take such appropriate action under law based on a finding of a Court of law. The quashing application is allowed. The order dated 17.2.2007 passed in Complaint Case No.1426/06 passed by the Judicial Magistrate, Siwan stands quashed. Pawan/- (Ajay Kumar Tripathi, J.)