IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38342 of 2008 Sudhir Singh son of Late Hiralal Singh, resident of Mohalla- D.S. College Road, Katihar, P.S. Katihar, District- Katihar. Versus 1. The State Of Bihar. 2. Pawan Kumar Sah son of Shankar Lal Sah, resident of Mohalla- Chowdhary Mohalla, P.S. Katihar, District- Katihar. ----------- 2 21.07.2011 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State. The petitioner is aggrieved by the order dated 28.07.2008 by which his application for discharge has been rejected. Learned counsel for the petitioner submits that dispute is of a civil nature as it involved dispute over the tenancy of her shop. It is further submitted that he has been granted receipt by the Municipal Corporation which indicates that he is the tenant in the shop whereas the complainant has not been able to produce even a single chit of paper to show his prima facie title over the shop in question. It is further submitted that all these aspect of the matter has not been dealt with in the order. Learned counsel for the petitioner further submits that there is sufficient material produced on behalf of the complainant to support the allegations at the stage of pre-charge evidence. This Court finds that the order very is cryptic and as such quashes the order dated 28.07.2008 passed in Complaint Case No. 1811 of 2005. The Court below is directed to hear the complainant and thereafter pass fresh order taking into 2 consideration all aspects discussed above within a period of two months from the date of receipt of a copy of this order. Learned counsel for the petitioner is directed to produce a copy of this order before the concerned court within a period of one month, failing which this application shall stand dismissed. This application is allowed. Md. Ibrarul ( Sheema Ali Khan, J.)