IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20386 of 2008 1. Satish Singh, son of Late Laxmeshwar Singh. 2. Jaspal Singh, son of Sri Satish Singh. 3. Paramjit Kaur, wife of Gurmit Singh. 4. Gurmit Singh, son of Satish Singh. 5. Bittu Singh @ Mitpal Singh, son of Gurmit Singh. 6. Prince, son of Gurmit Singh. 7. Awadh Kishor Singh, son of Late Babulal Singh. Petitioner no.1 to 6 are resident of Village-Gurubazar, P.S. Barari, District-Katihar and petitioner no.7 is the resident of village-Bhandatal, P.S. Barari, District-Katihar. …………………………………………………..Petitioners. Versus 1. The State Of Bihar. 2. Ramadhar Yadav, son of Shivpuraj Prasad Yadav, resident of village-Gurubazar, P.S. Barari, District- Katihar. ………………………………………….Opposite Parties. ----------- For the Petitioners : M/s. Bhola Prasad and Mukesh Kumar Jha, Advocates. For the State : Mr. J. Upadhyay, A.P.P. For O.P. No.2 : M/s. Bimal Kumar & Birendra Kumar, Advocates. --------- 3. 19.10.2011. Heard the parties. The petitioner has filed this application, under Section 482 of the Code of Criminal Procedure, for quashing the order dated 8.5.2008 passed by the Sub Divisional Judicial Magitrate, Katihar, in Complaint Case No.414 of 2007, summoning the accused-petitioners under Section 204 of the 2 Code of Criminal Procedure, on inquiry, finding prima facie case under Sections 147, 419, 420, 467, 471 and 120(B) of the Indian Penal Code. In brief, the fact leading to this application, is that opposite party no.2, Ramadhar Yadav, filed the complaint petition, numbered as Complaint Case No.414 of 2007, with the allegation that one Sardar Mukh Chandra Singh, was the owner and in possession of the Plot No.1217 of Khata No.561, measuring an area of 8 decimals, situated in Mauza- Barari. The said Sardar Mukh Chandra Singh, executed the deed of gift of the said Plot on 15.7.2005 in favour of Smt. Anup Kaur, wife of Sardar Jagdish Singh. The said land during chakbandi operation was recorded as Chak Plot No.1217 covering Chak Khata No.561. Subsequently, Anup Kaur, the wife of Sardar Singh, by virtue of three registered sale deeds, sold 5 ½ decimal of land out of the said plot to Smt. Bimla Devi, Rajesh Kumar Agrawal, Krishna Kumar Agrawal and Hanuman Agrawal respectively. Later on, Smt. Anup Kaur sold the 1 decimal of land out of the aforesaid plot by virtue of registered sale deed on 20.10.1995 in favour of Dilip Kumar Yadav and lastly, on 20.11.1995 sold 1 ½ decimals of land by virtue of registered sale deed in favour of 3 Viveka Nand Satyarthi, son of opposite party no.2. Thereafter, on 9.1.1996, the opposite party no.2 stocked bricks on the said plot to construct the house, but the accused- petitioners deceitfully interfered and made protest and also filed a criminal case. Thereafter, the opposite party no.2 through vendee has got the title suit filed against the accused- petitioners in which the accused-petitioners filed the written statement claiming therein that the suit land, on the basis of panchnama on 23.1.1970, was allegedly got executed by Jagdish Singh in respect of the entire 8 decimals of Plot No.1275 of Khata No.462. The opposite party no.2 alleged further that in course of the proceeding, the plaintiffs called upon the accused-petitioner no.1, Sardar Satish Singh, to produce the original Batawaranama, but he produced the photocopy of the said Aapsi Batwara and on perusal of the said document, the signature of Jagdish Singh appeared forged and fabricated and, after inquiry, it was learnt that even the signatures of his brothers were also forged. The opposite party no.2 has further alleged about got filed the false complaint petitions against him by the accused-petitioners. After filing of the complaint petition by the opposite party no.2, on enquiry, the Sub Divisional Judicial Magistrate, 4 Katihar, summoned the accused-petitioners finding prima facie case under Sections 147, 419, 420, 467, 471 and 120(B) of the Indian Penal Code against them through the impugned order. From the complaint petition of opposite party no.2, Annexure-‘1’ to this application and his statement on solemn affirmation, it appears that the opposite party no.2 has got filed the civil suit through the vendee against the accused- petitioners in respect of the portion of Plot No.1275 purchased by him in the name of his son and in course of the suit proceeding, in written statement, the accused-petitioners claimed the said land on the basis of the batwaranama. The opposite party no.2 has alleged that on receiving the photocopy of the batwaranama, he learnt that the signatures of Jagdish Singh and his brothers were forged. The averment of the complaint does not indicate about committing the cheating by the accused-petitioners. The title suit in relation to Plot No.1275 is pending for disposal. The dispute appears to be of civil in nature. Under the aforesaid facts , the impugned order dated 8.5.2008 passed by the Sub Divisional Judicial Magistrate, Katihar, in Complaint Case No.414 of 2007, summoning the 5 accused-petitioners finding prima facie case under Sections 147, 419, 420, 467, 471 and 120(B) of the Indian Penal Code appears to be an abuse of the process of the court. Accordingly, the impugned order dated 8.5.2008 passed by the Sub Divisional Judicial Magistrate, Katihar, in Complaint Case No.414 of 2007, summoning the accused- petitioners, is hereby quashed and the application stands allowed. P.S. (Rajendra Kumar Mishra, J)