IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33972 of 2007 HARE KRISHNA MANDAL & ORS Versus STATE OF BIHAR & ANR ----------- 8 27.10.2009 KHAN The petitioners are aggrieved by order dated 3.4.2007 passed by the Subdivisional Judicial Magistrate, Rosera in Complaint Case No.127 of 2001 corresponding to T.R.No.825 of 2006 whereby the petition for discharge was rejected. Learned counsel for the petitioners submits that the dispute is of civil nature and even if the prosecution case is accepted to be true, 4 1/2 Kathas out of 9 Kathas of land have been returned to the complainant. He further submits that though the sale deed was executed on 12.11.1997, the complainant surprisingly after 4 1/2 years finds that the area is short by 5 1/2 Kathas of land. He submits that the prosecution case suffers from delay in filing the complaint case as well. After perusing the records of the case, I find that the court below has not erred in rejecting the application for discharge of the accused. However, it would be open to the petitioners to take all these points at the time of trial. The trial court would take steps to conclude the trial expeditiously. With the aforesaid observations and directions, this application stands disposed of. (S.P.Singh,J)