IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37659 of 2008 1. Ramanand Prasad S/o Late Ram Ekwal Prasad. 2. Mridula Kumari Gupta, w/o Shri Ramanad Prasad. Residents of village Ashogi, P.S. Purnahiya, Distt. Sheohar, at present Sitamarhi Town, Ward No.2, Moh. Janki asthan, P.S. and Distt. Sitamarhi. Versus 1. The State Of Bihar. 2. Most. Lalita Devi, w/o late Kumar Pd. Singh @ Bhulan Babu, resident of village- Rewasi, P.S. Riga, P.O. Riga, Distt. Sitamarhi. ----------- 3 20.07.2011 Heard learned counsel for the petitioners and learned counsel appearing on behalf of the State. This application has been filed for quashing the order of cognizance dated 25.03.2008 passed by the Chief Judicial Magistrate, Sitamarhi in Trial No. 2719 of 2008, G.R. No. 454 of 2000 under Sections 467, 468, 471 and 420B of the Indian Penal Code. The petitioner no.1 and his wife were the tenant in the house of Opposite Party No.2. A Title Suit for recovery of arrears of rent was filed by the Opposite Party No.2. The petitioners filed a written statement taking the plea that the Opposite Party No.2 had already transferred the house in question in favour of petitioner no.2 and as such the suit was no longer maintainable. The Opposite Party No.2 then filed an amendment application for amending the complaint and made a plea to hold the sale deed supposedly executed by the Opposite Party No.2 in favour of petitioner no.2 as forged and fabricated document. The Title Suit No. 75 of 1998 is pending before Sub- Judge-III since 1998 it is about time that the suit ought to be 2 decided. In any event, it goes without saying that the finding in the civil proceeding would be binding on the parties. I, therefore, direct that the Opposite Party No.2 i.e. the complainant Most. Lalita Devi or her heirs would be entitled to file fresh complaint/case if the Court below comes to a finding that the sale deed is forged and fabricated. This application is disposed off with the aforesaid observation. The order of cognizance dated 25.03.2008 in Trial No. 2719 of 2008, G.R. No. 454 of 2000 pending in the Court of Chief Judicial Magistrate, Sitamarhi is quashed for the present. Md. Ibrarul ( Sheema Ali Khan,J.)