IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.14531 OF 2007 PRABHUNATH RAI, SONOF LATE JANKI RAI, RESIDENT OF VILLAGE REWARI MATHIA, POLICE STATION KOPA, DISTRICT SARAN (CHAPRA) VERSUS 1. THE STATE OF BIHAR 2. DR. SABIHA NASEEM, WIFE OF ABDUL SAMIM KHAN OF NAIR BAZAR, POLICE STATION BHAGWAN BAZAR, DISTRICT SARAN (CHAPRA) …………………………………………………………………….OPPOSITE PARTIES ************ 5 23/03/2010 Heard learned Counsel for the petitioner, the Opposite Party No. 2 and the A.P.P. appearing on behalf of the State. This application has been filed against the order dated 19.08.2003 passed in Chapra Town Police Station Case No. 333 of 2001 by which the Chief Judicial Magistrate, Saran at Chapra has taken cognizance for the offences under Sections 420, 468, 471 & 120B of the Indian Penal Code. The petitioner claims that he is a bonafide purchaser from Neel Niranjan Sinha. It is stated that the name of the father of Neel Niranjan Sinha was recorded in the Chapra Town Municipality. The case of the Opposite Party No. 2 is that Neel Niranjan Singh, also an accused has confessed that he was forced to sign on a sale deed under threat and coercion and he claims that he is the owner of the said land. Be that as sit may, this order taking 2 cognizance is of the year 2003 and stay has been granted since 2003 whereas this aspect of the matter in view of the disputed facts cannot be decided at this stage. The facts of this case are not purely related to a civil dispute but they are with respect to a dispute which is civil and criminal in nature. Considering this aspect, I am not inclined to interfere with the order taking cognizance dated 19.08.2003. This application is accordingly dismissed. Anand ( Sheema Ali Khan, J.)