IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13295 of 2008 1. Chandreshwar Prasad @ Chandreshwar Prasad Singh 2. Anupam Kumar Singh…………………...Petitioners. Versus State Of Bihar ---------------------------------- 03. 13.09.2011 This is an application for quashing of the order dated 25.7.2006 passed by Shri V.V. Gupta, Judicial Magistrate, Ist Class, Siwan in Complaint Case No.C-808 of 2006/ 284 of 2006 whereby and whereunder learned court below has taken cognizance against the petitioners U/Ss 147,448,425,323 and 379 of the I.P.C. is said without considering the fact that complainant had already filed Title Suit bearing T. S. No.169 of 2006 on 29.5.2006 itself on which date present complaint was filed in the court of learned Sub-Judge, Siwan. Heard learned counsel for the petitioners and learned counsel for the State. Complainant’s case, in brief, is that the land bearing Khata No.794, Survey No.5708 measuring One (01) Kattha, eighteen (18) dhoors is ancestral land of the complainant in which his Naad, Khoota and hand- pump is existing. For further construction, some bricks were also brought there. It is alleged that to grab the aforesaid land accused persons along with 3-4 other unknown persons entered complainant’s house (Palani) along with iron rod, hockey stick, gun and knife. His mother, who was cooking, was threatened. Complainant was thrown on earth from his cot after catching hold his caulor. His Palani, Nad-Khoota was destroyed causing loss of Rs.3,000/-. Further it is alleged that the accused persons took away steel Bucket, lota, Thali, pressure cooker and Khatia worth Rs.2,000/-. After taking into consideration, statement of complainant and 2 his witnesses, cognizance is taken for the offence under Sections- 147,448,425,323 and 379 of the I.P.C. Submission of learned counsel for the petitioners is that land dispute is there in between the parties and both the parties are claiming their ownership over the land, which is clear from the fact that on the same day that is on 29.5.2006 T. S. No.169 of 2006 Rameshwar Sharma Vrs. Chandreshwar Prasad & Another is filed in the Court of Sub-Judge, Siwan. Without doubting filing of Title Suit, it is apparent that offences are concerning assault, committing theft, forming an unlawful assembly. Bona fide land dispute is existing and that was reason for filing of instant case without happening of any incident can be decided at final stage in the case otherwise allegation is corroborated by witnesses for constituting prima facie offence. Accordingly, finding no merit in the case, this quashing application is dismissed hereby. Vikash AFR ( Mandhata Singh, J.)