IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24454 of 2008 1. NARAYAN PRASAD SINGH, SON OF LATE NAND KISHORE SINGH 2. DEVRANI DEVI, WIFE OF AWADHESH KUMAR SINGH 3. AWADHESH KUMAR SINGH SON OF NARAYAN PD. SINGH 4. MAHANTHA SINGH, SON OF LATE NATHO SINGH ALL RESIDENTS OF VILLAGE BALAITHA, P.O. AND P.S. BELDAUR, DISTT. KHAGARIA. ------ PETITIONERS. Versus 1. THE STATE OF BIHAR 2. LAXMI PD. SINGH SON OF LATE RAMAVATAR SINGH RESIDENT OF VILLAGE PACHATH, P.O AND P.S. BELDAUR, DISTT. KHAGARIA. ----- OPPOSITE PARTIES. ----------- 3. 02.05.2011 Heard learned counsel for the petitioner, learned counsel for the Complainant and the learned counsel for the State. The petitioners have sought quashing of the order dated 23.5.2001 passed by the Sub Divisional Judicial Magistrate, Khagaria, in Complaint Case No. 11-C of 1997 by which it has taken cognizance under Sections 420, 467, 468, 447 and 323 of the Indian Penal Code. The case of the Complainant/Opposite Party No. 2 is that he was the rightful owner of the lands in question but the petitioner No. 1 had sold out the said land and he had got an agreement entered into between the petitioner No. 2 and the accused No. 5. In pursuance to the same, the accused person came on his lands and threatened variously and also slapped him. It has been submitted on behalf of the petitioners 2 that the petitioner No. 1 had died during pendency of this application and counsel for the Opposite Party No. 2 does not dispute this fact. The further submission is that as against the rest of the petitioners, there is absolutely no allegation whatsoever and the complaint is evidently false and frivolous instituted to harass the petitioners on account of some dispute over land. Considering the said submissions, the application is allowed and the entire proceeding of Complaint Case No. 11-C of 1997 including the order dated 23.5.2001 passed by the Sub Divisional Judicial Magistrate, Khagaria, is quashed. S.Ali ( Anjana Prakash, J.)