Criminal Miscellaneous No.12322 of 1998 -------------- In the matter of an application u/s 482 of the Code of Criminal Procedure. ---------------------- 1. JAGAN SAH son of Late Gena Sah 2. Md. Kamurddin Son of Gulam Rasool 3. Sita Ram Sah @ Sheetal Sah S/o late Chandra Sah 4. Raghunath Sah son of late Rambriksh Sah All of village Jalalpur, P.S. Saraiya, District Muzaffarpur ........petitioners Versus 1. STATE OF BIHAR 2. Akbar Ali S/o Late Kitab Ali, resident of Vill. Jallalpur, P.O Karza, P.S. Saraiya, Distt. Muzaffarpur .....Opposite Parties ------------------------- For the petitioners: Mr. Nawal Kishore Prasad, Advocate For the State: Lala Kailash Bihari Prasad, Sr. Advocate For the Opposite Party No.2: Mr. Manoj Kumar Sinha, Advocate --------------- P R E S E N T THE HON'BLE MR. JUSTICE SHIVA KIRTI SINGH Shiva Kirti Singh, J. Heard Mr. Nawal Kishore Prasad, Advocate for the petitioners, Lala Kailash Bihari Prasad, Sr. Advocate for the State and Mr. Manoj Kumar Sinha, Advocate for the Opposite Party No.2. The challenge in this quashing application is to order dated 18-5-1998 passed by Subdivisional Magistrate West, Muzaffarpur in Case No. M. 2332/1997 passed u/s 133 of the Code of Criminal Procedure. On behalf of the petitioners it has been submitted that learned Magistrate ought to have placed reliance upon a police report to the effect that no road or rasta existed on the land in 2 question and it was under possession and ownership of the petitioners. On the other hand learned counsel for the O. P. No.2 has submitted that the learned Magistrate has considered all the relevant materials and has rightly come to the conclusion that the land in dispute is a public land over which a rasta or road existed in the old as well as new khatiyan showing that rasta or road of more than 100 years old. From the submissions advanced it appears that petitioners were rightly advised to file a Title Suit in respect of their claim that the land is in their ownership as a private land over which no road exists. In view of nature of dispute and considering that Title Suit has already been preferred by the petitioners, it is not deemed proper to interfere in the matter in exercise of inherent power u/s 482 of the Code of Criminal Procedure. This application is, therefore, dismissed. However, it will be open for the petitioners to take all possible pleas in the Title Suit said to be pending before the Civil Court. Patna High Court The 11th March, 2010 NAFR/BKS (Shiva Kirti Singh, J.)