IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.10716 OF 2007 HARI KISHUN BHAGAT, SON OF ALGU BHAGAT, RESIDENT OF VILLAGE BABHNAULI, POLICE STATION MAIRWA, DISTRICT SIWAN VERSUS 1. THE STATE OF BIHAR 2. MOST. LALMATI KUNWAR, WIFE OF LATE RADHA KISHUN BHAGAT, RESIDENT OF VILLAGE BABHNAULI, POLICE STATION MAIRWA, DISTRICT SIWAN ……………………………………………………………………….OPPOSITE PARTIES *********** 8 22/03/2010 Heard learned Counsel for the petitioner and the A.P.P. appearing on behalf of the State. By order dated 07.04.2009, this Court had called for a report from the Chief Judicial Magistrate, Siwan to verify whether the complainant of Complaint Case No. 720 of 2004, namely, Most. Lalmati Kunwar is alive or dead. A report has been received indicating that Most. Lalmati Kunwar is dead. A photocopy of her death certificate is also with the report. This application has been filed against the order dated 19.07.2006 by which the Sub Divisional Judicial Magistrate, Siwan has taken cognizance for the offences under Sections 465, 467 and 471 of the Indian Penal Code in Complaint Case No. 720 of 2004. One Algu Bhagat had three sons, namely, Radha Kishun Bhagat, Hari Kishun Bhagat (petitioner) and Shiv Jee Bhagat. The complaint is the wife of Radha 2 Kishun Bhagat, She alleged that Shiv Jee Bhagat has executed a sale deed in favour of his brother with respect to certain piece of land and alleged that those lands ought to be divided in a family partition and further alleged that because Shiv Jee Bhagat is not mentally strong, Hari Kishun Bhagat, the second brother has taken advantage of this fact and got the sale deed executed. Apparently, a suit has also been filed with respect to the lands which are subject matter of the sale deed. Apparently, this complaint case arises out of a purely civil dispute in which there is allegation that the petitioner has forcibly got her brother-in-law to execute a sale deed in favour of the wife of Hari Kishun Bhagat. I find that this is not a case which would come under the domain of a criminal proceeding. Accordingly, the order taking cognizance dated 19.07.2006 passed in Complaint Case No. 720 of 2004 is hereby quashed. In the result, this application is allowed. Anand ( Sheema Ali Khan, J.)